从刑部和督抚之争论清代刑部驳案制度——以《刑案汇览·盐法》商巡案件为中心

The Discussion on the System of Overruling Cases of the Ministry of Punishments from the Debate between the Ministry of Punishments and Local Governors in Qing Dynasty——Focusing on the Cases of Inspector Employed by Salt Businessman in Salt Laws Chapters

刑部驳案制度是清代司法审判制度的一个特色。通过部驳,从一定程度上纠正了法律适用上的偏差。本文以《刑案汇览·盐法》中的商巡案件为中心,通过分析刑部对督抚意见的驳议,不仅可以增加对商巡地位的认识,也可以看出刑部在案件审理中虽注重情理法结合,但并不是只注重情理,而基本是严格缘法定案的。

The system of overruling cases of the Ministry of Punishments was a feature of the judicial trial system in Qing Dynasty. It corrected the deviation on the applicable law to a certain degree through the system. Focusing on the cases of inspector employed by salt businessman in Salt Laws Chapters of Conspectus of Penal Cases, we can deepen the understanding about inspectors employed by salt businessman, and also find that the Ministry of Punishments basically heard cases by a strict legal rule, laying emphasis on the method combined with feeling, reason and law but not only feeling and reason through analyzing the refutation of the Ministry of Punishments to local governors＇ opinions.