《祥刑遗范》所见清初地方政府的司法职能

Judicial Functions of Local Governments in the Early Qing Dynasty as Seen in the “Xiang Xing Yi Fan”

清初,地方上的审级一般分为四级,州县、府、道、司、院分别承担着不同的司法职能。州县作为第一审级,州县官承担着初审的司法职能;府作为第二审级,主要由推官承担复审的司法职能;司和院作为第三审级和第四审级,承担着省级审核与奏报的司法职能。通过对《祥刑遗范》所收录的判牍进行分析,探讨清初地方政府的司法职能与运行,进一步了解清初推官的司法职能,还原清初地方政府的审判面貌与司法面貌。

At the beginning of the Qing Dynasty, the local trial grade was generally divided into four levels. The county, government, road, department, and hospital respectively assumed different judicial functions. As the first trial level, the county and county officials bear the judicial function of the first trial; the government, as the second trial level, is mainly responsible for the judicial function of the review by officials; the department and the court are the third and fourth trials, is mainly responsible for the judicial function of examining and reporting. Through the analysis of the judgments contained in the “Xiang Xing Yi Fan”, discussing the local judicial functions and operations in the early Qing Dynasty, and the judicial functions of the officials in the early Qing Dynasty were further understood to restore the judgment and judicial appearance in the early Qing Dynasty.