善堂与恶政:清代江浙地区的命案相验问题及其应对

Charity and Misgovernment: Responses to the Problem of Homicide Case Autopsies in Jiangsu and Zhejiang Provinces during the Qing Dynasty

围绕着命案相验这一司法程序,清代江浙地区形成一系列经费摊派和敲诈勒索现象,给地方社会带来沉重负担和极大困扰,成为严重的社会问题。对此,清代中央和地方官府曾采取应对措施,但由于相验问题背后有着法制、财政和吏治方面的多重原因,官府始终难以解决问题。作为直接受害者的地方社会只得被迫行动起来,设立善堂,代办相关事宜和代筹相验经费,努力降低相验问题的不良影响,取得一定成效。这是清代施棺代葬类善堂格外兴盛的重要原因。从这一过程的观察中,亦可对近代法律改革历程及清代富人慈善捐助的复杂动机有更深刻的理解。

The phenomenon of blackmailing and extortion of expenses involving the judicial procedures for homicide case autopsies developed in Jiangsu and Zhejiang Provinces during the Qing Dynasty. These malpractices created such a heavy burden and great distress for local society that it became a serious social problem. In view of this, the central and local government took countermeasures but failed to remedy the situation due to the multiple legal, financial and administrative causes that gave rise to the problem. Therefore the local society was forced to set up charities to handle the related issues and to raise the funds for autopsies, in an attempt to reduce the negative impacts of homicide case autopsy to obtain the desired results. This was an important reason for the prosperity of charities which supplied coffins and held funerals. From this process, we can attain a deeper understanding of the modern legal reform and the rich＇s motives for charitable donations.