论清代司法检验主体多元化

Diversification of Subjects of Judicial Examination in Qing Dynasty

清代司法检验制度是中国人独创并长期沿用的一套理论与实践体系,是古代中国特定政治、经济与社会环境下的产物,体现了古人的司法智慧。它完全承继了传统司法检验主体多元化的特点,将司法检验人员划分为检验的主持者和检验的实践者两大类,既包括州县正印官、僚属官,也包括仵作、刑房书吏、刑名幕友等人员。这种司法检验人员多元化特征不仅是传统的延续,也是官员学识背景和传统检验知识专业化程度不高等因素决定的。尽管司法检验主体多元化产生诸多负面影响,却为我们提供了一个观察中国古代司法文明发展轨迹的独特视角。

Judicial examination system of the Qing dynasty is a system of theory and practice, created by the Chinese and in a long- term use, which is an ancient Chinese product under the particular political, economic, and social environment, embodying the ju- dicial wisdom of the ancients. It completely inherited the traditional characteristics of the diversification of the judicial examination, dividing judicial inspection personnel into the presider and practitioners of inspection, including both the officials with formal official seals of the prefectures and counties and their subordinates, and also including the post mortem examiner, officials in charge of the case files, criminal , and private assistants or advisers, etc. This kind of judicial inspection personnel is not only the continuation of traditional diversified characteristics, but also determined by knowledge background and the low degree of traditional inspection knowledge specialization. Although the diversification of the judicial examination produced some negative effects, it provides us with an unique angle of observation on the track of development of the ancient Chinese judicial civilization.