清代委员会审研究

A Study on Trial System by the Original Judge and Commissioner in Qing Dynasty

委员会审指因案情重大复杂或当事人上控而由上级审判机关委派属员会同原审官员共同审理案件的审判制度。上级审判衙门所委派属员称委员,一般为候补官员。司法实践中委员会审多由委员主导审判。委员会审是清代审级体系行政化与儒家无讼法律思想综合作用的产物。委员会审对当时的司法活动发挥了一定的积极作用。

The superior judicial organ may send a Commissioner to try case with the original judge when the case was complex or the parties instituted a Shangkong in Qing Dynasty.The Commissioner often was an alternate official.The trial was often presided by the Commissioner. The Trial System by the Original Judge and Commissioner had important significance.