清代清理积案的理念、制度及实效

Concept,System and Effects of Accumulated Case Clearance in the Qing Dynasty

清代案件积压现象一直存在,至清中后期积案已经成为比较严重的社会问题。清代主要以行政追责为手段强化各级官员监督,且将官员个人勤勉作为解决积案问题的关键。中央和地方为应对积案问题在制度规范方面多有着力。中央不断完善相关立法,地方各省除制定清理积案相关法律规范外,通常还会设置专门机构或人员进行处理。实践中,清代将治理积案的核心放置于“整饬吏治”,且多采取短期内“运动式”的方式消除积案“存量”,此种做法虽取得了一定成效,但效果有限,无法从根本上解决问题。其中固然有案件繁多、司法资源有限、吏治疲玩等因素,但更深层次的原因则是清代无立案限制且案件审理权责集中于正长官(印官)的司法体制。

The backlog of cases in the Qing Dynasty had always been existed,and it had become into a relatively serious social problem by the middle to late Qing Dynasty.In the Qing Dynasty,the administrative accountability was taken as a main means to intensity the official supervision at all levels,and personal diligence of officials was regarded as the key to solve the problem of accumulated cases.To respond to the problem,the central and local governments put more efforts to formulate norms.The central government contin-uously improve the relevant legislation;the local provinces usually set up special institutions and staffed these institutions in addition to formulate relevant legal norms.In practice,the Qing Dynasty usually rectified officials mainly by adopting the“campaign”approach to eliminate the case stock.While this approach had some success,it had a limited effect and could not address the problem fundamentally.This could be attributed to many factors such as too many cases,limited judicial resources,and inactive local officials,but deeply the judicial system for which there were no restrictions on case filing and the chief officials were in charge the rights and responsibilities for hearing cases.