摘要
本文以现存清代南部县正堂诉讼档案为基础,以涉及婚姻关系的案件为主要研究范围,以晚清四川南部县为例,试图对晚清四川知县的诉讼断案基本依据做一探究。文章并结合樊增祥著《樊山政书》中所关涉案件,对本文所涉及的清代南部县讼案的审断标准做一对比和界说。文章重点考寨了诉讼断案中两种主要的依据——"律例"与"情理"在知县审断案件中的运用以及二者作为断案依据的相互关系。
This topic is based on the lawsuits archives of the Yamen of Nanbu county in Sichuan of Qing, focuses on the legal cases related to marriage relationship, takes Nabu county in Qing to be an example, and makes an effort to an exploration on the essential principles in the judge of legal cases. Some legal cases in the book called ＂Fanshan Zhengshu＂, written by Fan Zeng- xiang, have been cited so that to make comparison and definition. Luli and Qing!i took an extremely important part in the judge of cases in Qing, but how were they used by magistrates in late Qing and what was the connection between Luli and Qingli are supposed to be the main issues to be discussed in this article.
出处
《中国法学》
CSSCI
北大核心
2007年第6期92-109,共18页
China Legal Science
