晚清官员“就地正法”程序的转变

On the Change of the Procedure of "Execution on the Spot" for Officials in the Late Qing Dynasty

"就地正法",即于犯罪之地执行死刑,作为一项重要的司法制度,在维护晚清统治中起着重要作用。晚清以降,农民起义风起云涌,官员或弃城而逃,或畏葸不前,政府军队节节败退。为改变这种乱象,清政府在官员中大力实行"就地正法"制度。然而该制度在实行过程中,出现了对文官和武官、高级官员和低级官员审转程序和惩处力度的变化。这种变化是政府适应社会需要进行的制度性调整,也是维护地方统治的需要。

"Execution on the spot", namely to carry out the death penalty on the crime place, played a significant role in maintaining the governance of the late Qing Dynasty as an important judicial system. With the coming of the late Qing Dynasty, peasant rebellions increased as the rising storms, and the officials either abandoned the city and fled, or hesitated to press forward, and the government troops retreated one step after another. In order to manage the turmoil, the Qing government practiced the "execution on the spot" system vigorously among the officials. However, in the process of the practice, changes occurred in review procedures and punishment intensity in accordance with the civil or military officers, the senior or junior officials, which were not only institutional adjustments for the government to meet social needs, but also necessary to maintain the local governance.