清代发审局人员社会来源及影响探究

Research on the Social Source and Influence of the Personnel of the Legal Investigation Bureau in Qing Dynasty

由于各地京控、省控、部驳等复审案件数量与日俱增,各地方遂于清嘉庆初年开始设立发审局负责案件复审。自设立之日起,发审局便在地方司法活动中起到了重要作用。发审局人员的社会来源也对其运转产生了重要影响。拥有候补官员头衔的绅衿阶层出任发审局委员,掌握了发审局的审判权力,一方面有利于提升地方司法效率,另一方面也造成部分地区案件审理质量下降的情况,标志着清代乡绅参与地方法律治理进入新的阶段。

Due to the increasing number of capital appeals,provincial appeals and the appeals rejected by the Ministry of Penalty,each local government began to set up legal investigation bureaus in charge of case review in the early years of Jiaqing.Since its establishment,the bureau has played an important role in local judicial activities.The social source of its personnel has also had an important impact on the functioning of the bureau.Among them,the gentry class with the title of alternate officials served as the members of the bureau,and controlled the core judicial power of it.On the one hand,it was conducive to improving the overall efficiency of local judicial governance,and on the other hand,it caused the deterioration of the quality of case trial in some areas.The phenomenon above signified that the gentry's participation in local legal governance in Qing Dynasty entered a new stage.