清代错案追责制度运行中的困境及原因探析

The Study of the Difficulties and Causes of the Judicial Liability for Misjudged Cases in the Qing Dynasty

为了避免错案的出现,清廷建立了以"连带责任"与"结果归责"为主要方式的错案追责制度,但该制度在运行中却遭遇困境,地方官员结成利益共同体予以抵制和规避。造成这一困境的原因实际上是基于制度设计与既定目标相悖,面对无法完成的目标和强大的处罚压力,官员不得不作出规避性应对,使制度运作未能实现目标。

The Qing Empire established the system of judicial liability for misjudged cases characterized by joint liability and results-oriented of the doctrine of liability fixation to avoid misjudged cases. However,the system encounters difficulties in operation, that is, local officials form a community of interests to resist the system and evade liability. In fact, the reason for this situation is that the system design is contrary to the established goals. Due to the unattainable target and the strong pressure of punishment, officials have to make evasive response, making the system fail to achieve the target in operation.