清代州县佐杂官司法审理权探析

Study on the Judicial Power of Prefectural and County Subordinate Officials in the Qing Dynasty

清代长期规定州县佐杂官不得擅自受理诉讼,但在实际行政过程中,或由上司、正印官批委,同城佐贰官临时拥有审理某些轻微案件的权力;或由朝廷批准,一些分防佐杂官长期拥有除命盗重案以外的司法审理权。自雍正朝起,由督抚奏请、朝廷同意而设立分防佐杂的公文,是为某一官缺或某一批官缺制定的规章制度。分防佐杂官的司法审理权源自这些公文中的规定,而不是《清会典》《吏部处分则例》等法典中的条文。

It was long regulated in the Qing dynasty that prefectural and county subordinate officials were prohibited from accepting lawsuits except under specific conditions,but in practice,some stationed subordinate officials might possess some provisional power to hear minor cases when deputed by their chief officials,and some dispatched subordinate officials might have long-term judicial power over cases other than serious ones such as homicide when authorized by the imperial government.Since the reign of Emperor Yongzheng,the official documents on appointing dispatched subordinate officials,requested by the governors and approved by the imperial government,were formal regulations for a certain official vacancy(or a group of official vacancies).Thus the judicial powers of these dispatched subordinate officials stemmed from the related provisions of those documents,rather than codes in Qing-huidian(Regulations of the Qing Government)and Libu-chufen-zeli(Punitive Regulations of the Ministry of Personnel).