清代内务府都虞司职能考释

On The Responsibility of Duyu Si under The Imperial Household Department of Qing Dynasty

都虞司作为内务府所辖的事繁之司,其职能从负责膳食、渔猎,逐步扩展到掌管三旗禁旅、议叙议处府属文武官员,其中议处府属文官的职能是会典、则例等成文章法所不曾规定的,但是内务府档案却显示了这一职能。在议处官员方面,都虞司与专司审判的慎刑司在案件事实陈述、法律适用等方面并无二致,区别在于数量不同。在都虞司所辖群体诉讼方面,案情重大的则由都虞司移交慎刑司。都虞司分享了慎刑司的部分审判职能,这说明了内务府机构职能分工混乱。造成这种现象的因素是皇权,皇权主导下的成文章法也会为皇权所变通,甚至破坏。

Duyu Si,Office of the Imperial Hunt under the Imperial Household Department was responsible for imperial meals,fishing and hunting first,but gradually took over the charge of the Three-Banner forbidden brigade and the treatment of rewards and punishments for the civil and military officials of the Internal Affairs Department.No reference to their reward-and-punishment responsibility officially appears in any law literature but the archives of The Internal Affairs Department.Duyu Si did the same as Shenxing Si(Office of the Imperial Justice) in case statement and laws application,but they varied in the number of the cases they handled.All major cases within the jurisdiction of Duyu Si were handed over to Shenxing Si.Duyu Si’s involvement in part of the judicial responsibilities of Shenxing Si shows confused functions and responsibilities between the agencies of the Internal Affairs Department.Such confusion was probably backed up by the imperial power,under whose administration the law enforcement could be carried out in the flexible manner or even brushed aside for the sake of the imperial governance.