鲁杰碑与清代县衙规条研究

On Lu Jie’s Stone Tablet and Stipulations in the County Government of the Qing Dynasty

在清代法律体系中,国家律例和省例成规为人熟知,县衙"规条"并不常见。在河南郾城发现的"特授郾城县正堂加五级纪录十次鲁"碑,载有清代道光、咸丰两朝有关民间田宅交易管理的详细"规条",内容涉及官契推行、产行管理、稽查税契、公定"用钱"等对产行业户的规管。该碑所载不仅呈现了清代县衙的行政法律运作,还显示了县衙通过规制交易行为、设立产行、让产行代行部分公权等措施与民间习惯互动,其中的治理行为不少是对上位法的执行,也有结合县域事务的补充,或可称为县域化的司法解释,从而形成了独特的本土法律话语,自然也构成传统法律体系中不容忽视的一环。

In the legal system of the Qing Dynasty,it is easy to see national-level and provincial-level laws and regulations,instead of county-level " stipulations". Found in Yancheng Area,Henan Province,the stone tablet built by " the Head of Yancheng County Lu Jie who is " specially awarded plus five-level official rank and ten times praise records" documents detailed " stipulations"about the management of private estate transactions during the reign of Emperor Daoguang and Emperor Xianfeng of the Qing Dynasty. It includes the regulation of agencies and house or land owners,such as the implementation of official lease contracts,the management of agency,the inspection of tax contracts and officially stipulating the " commission". The stone tablet shows not only the administrative and legal operations of the county government in the Qing Dynasty,but also that the county government interacts with public customs by some measures like regulating transactions,setting up agencies and allowing those agencies to represent some public rights,of which many governance behaviors follow the higher-level law and are completed with the county matters or called the county-level judicial interpretation. Therefore,the unique local legal discourse is created and those stipulations on the stone tablet naturally become an important part of the traditional legal system.