明清州县司法审判中的“六滥”现象

“Six Kinds of Abuses" in the Legal Proceedings of the Prefectures and Counties in the Ming and Qing Dynasties

明清时期 ,州县是基层的司法审判单位 ,又是具体刑罚的实施机构。本文考察了州县审判和刑罚中的权责问题 ,具体论述了司法审判过程中经常出现的包括滥词、滥拘、滥禁、滥刑、滥拟、滥罚等在内的“六滥”现象。

In the Ming and Qing dynasties, the prefectures and counties were not only the basic units of judgment, but also the institutions to implement punishments. The paper discusses the authorities and duties in the legal proceedings of the prefectures and counties and particularly discusses the “Six kinds of abuses', including indiscriminate lawsuits, absive arrests, and abuses in the procedures of detaining, torture, judgment and forfeiture of property.