清代州县自理案件探究

Cases of Self-Government in Counties in Qing Dynasty

西学东渐影响了我国的法史研究,进而导致部分人对中国传统法律审判的误解。清末县衙的审判依据《大清律例》的要求进行依法裁判,但同时情理也必须作为重要的考量因素。本文总结和探讨了国内外学界对清代州县自理案件审判依情理还是依国法进行裁判的不同看法,并结合史料提出了一些自己的见解。

Since modern times, the spread of Western learning to the East has influenced the study of legal history in China, leading to a misunderstanding of the traditional legal trial in China. In the trial of the county government in the late Qing Dynasty, the judgment was made according to the requirements of the Laws of the Qing Dynasty, but reason must also be an important consideration. This paper summarizes and discusses the different views of domestic and foreign academic circles on the trial of self-care cases in counties and counties in Qing Dynasty, and reflects the characteristics of traditional judicial trial in China by combining historical materials.