清代诬告案件审理的法理逻辑及其展开——基于《刑案汇览》实证分析

The Legal Logic and Development of the Trial of False Accusation Cases in the Qing Dynasty——Empirical Analysis Based on Conspectus of Penal Cases

清代人口快速增长,导致资源紧张,民间为获利而诬告的情况频发,加之,治理策略失当,处理力度欠缺,以致诬告之风盛行。历代各朝关于禁诬均有明确规定,清代《大清律例》关于诬告在行为构成、处罚规定上更加完善。《刑案汇览》中关于诬告案件的处理表明,清朝中央在治理诬告案件中有其特定治理路径及逻辑范式,通过“正条”与“比照”之法律适用,力求罪名与刑罚平衡。

In the Qing Dynasty,the population grew very fast,which led to resource constraints and the frequent occurrence of false accusation by the people for sake of profit.What’s more,the governance strategies were improper and the official efforts in handling false accusation were insufficient resulting in frequent cases of false accusations.There have been clear provisions on the prohibition of false accusations in all dynasties,but the Qing Code were more perfect on false accusations in terms of behavior composition and punishment regulations.The handling of false accusation in Conspectus of Penal Cases shows that the central government of the Qing Dynasty had its own specific governance path and logical paradigm in the management of these cases,striving for a balance between the crime and the penalty through the application of the“legal provision”and“mutatis mutandis”.