从杨乃武与小白菜案看清朝的刑事审判制度
发布时间：2018-10-09 07:35
【摘要】：发生在晚清的杨乃武与小白菜一案被成为清末四大奇案之一,当时曾经轰动了整个中国,本案虽说案情简单,但由于涉及多审级,经过多次重审,并且由于当时江浙一代著名的报纸《申报》的跟踪报道,在民间引起了轩然大波。四年内,杨家坚持四处走访上告,最终,是舆论的力量引起了高层官员联名纳谏,使该案得到了朝廷的关注。经过刑部再审,此案终于得以平反。 由于当时清朝政府腐败,加上当时法律规定不完善,造成了冤案的出现,但是纵观本案,除了反映出的这些弊端以外,本案也反映出当时法律规定的一些积极意义。本文从清朝刑事诉讼特点入手,从当时的法律背景、社会背景进行分析,并与现如今的法律规定相比较,分析当时法律的弊端和可借鉴的亮点。 全文一共分三个部分,第一部分是对杨乃武与小白菜案的案情进行简单的介绍,同时分析该案透视出的当时法律制度的一些弊端。造成杨乃武与小白菜冤案的因素主要有刑讯逼供、检验技术手段落后、上下级监督不利等制度上和技术上多层次的原因；第二部分是从当时的社会背景、法律背景分析这起冤案最终能够得到平反的原因,其中既有当时法律制度内部的原因,如清政府内部的错案追究制度,也包括社会舆论监督等外部原因。本案的真相之所以能够大白于天下,这两方面的原因缺一不可；第三部分是对比上述原因后,反观现代的诉讼制度,从这起冤案平反的原因中提炼出一些能够借鉴的积极意义。最后,以本案为鉴,避免这些弊端引起类似案件的再次发生,同时又借助本案反映出的积极意义,提出了确立沉默权制度、完善人民陪审员制度及审判监督程序的构想,抛砖引玉,为刑诉法的修改提出一点自己的意见。
[Abstract]:The case of Yang Naiwu and pakchoi, which took place in the late Qing Dynasty, was one of the four major strange cases in the late Qing Dynasty. At that time, it caused a stir throughout China. Although the case was simple, it was retried many times because of the multiple trial levels involved. And due to the Jiangsu and Zhejiang generation of famous newspapers, the following-up report, caused a great uproar in the folk. Within four years, the Yang family insisted on visiting the court, but it was the power of public opinion that brought the case to the attention of the court. After the retrial of the department of torture, the case was finally vindicated. Because of the corruption of the Qing government at that time, and the imperfect laws and regulations at that time, it caused the appearance of the unjust cases. However, in this case, in addition to the defects reflected, the case also reflected some positive significance of the legal provisions at that time. This article starts with the characteristics of criminal proceedings in Qing Dynasty, analyzes the legal background and social background of that time, and compares with the legal provisions of the present day, and analyzes the shortcomings of the law at that time and the bright spots that can be used for reference. The first part is a brief introduction to the case of Yang Naiwu and pakchoi, and an analysis of the defects of the legal system at that time. The main factors contributing to Yang Naiwu and pakchoi's grievance are torture, backward technical means of inspection, unfavorable supervision by superiors and subordinates, and so on. The second part is based on the social background at that time. The legal background analyzes the reasons why the unjust case can be rehabilitated, including the internal reasons of the legal system at that time, such as the system of investigating the wrong cases within the Qing government, and the external reasons such as the supervision of public opinion and so on. The reason why the truth of the case can be revealed in the world, these two reasons are indispensable; the third part is to compare the above reasons, looking at the modern litigation system, from the causes of this grievance to extract some positive significance that can be used for reference. Finally, taking this case as a lesson, to avoid the recurrence of similar cases caused by these malpractices, and at the same time, with the help of the positive significance reflected in this case, put forward the idea of establishing the system of right to silence, perfecting the system of people's assessors and the procedure of trial supervision. To offer some advice for the revision of the Criminal procedure Law.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.2;D929
本文编号：2258505
[Abstract]:The case of Yang Naiwu and pakchoi, which took place in the late Qing Dynasty, was one of the four major strange cases in the late Qing Dynasty. At that time, it caused a stir throughout China. Although the case was simple, it was retried many times because of the multiple trial levels involved. And due to the Jiangsu and Zhejiang generation of famous newspapers, the following-up report, caused a great uproar in the folk. Within four years, the Yang family insisted on visiting the court, but it was the power of public opinion that brought the case to the attention of the court. After the retrial of the department of torture, the case was finally vindicated. Because of the corruption of the Qing government at that time, and the imperfect laws and regulations at that time, it caused the appearance of the unjust cases. However, in this case, in addition to the defects reflected, the case also reflected some positive significance of the legal provisions at that time. This article starts with the characteristics of criminal proceedings in Qing Dynasty, analyzes the legal background and social background of that time, and compares with the legal provisions of the present day, and analyzes the shortcomings of the law at that time and the bright spots that can be used for reference. The first part is a brief introduction to the case of Yang Naiwu and pakchoi, and an analysis of the defects of the legal system at that time. The main factors contributing to Yang Naiwu and pakchoi's grievance are torture, backward technical means of inspection, unfavorable supervision by superiors and subordinates, and so on. The second part is based on the social background at that time. The legal background analyzes the reasons why the unjust case can be rehabilitated, including the internal reasons of the legal system at that time, such as the system of investigating the wrong cases within the Qing government, and the external reasons such as the supervision of public opinion and so on. The reason why the truth of the case can be revealed in the world, these two reasons are indispensable; the third part is to compare the above reasons, looking at the modern litigation system, from the causes of this grievance to extract some positive significance that can be used for reference. Finally, taking this case as a lesson, to avoid the recurrence of similar cases caused by these malpractices, and at the same time, with the help of the positive significance reflected in this case, put forward the idea of establishing the system of right to silence, perfecting the system of people's assessors and the procedure of trial supervision. To offer some advice for the revision of the Criminal procedure Law.
【学位授予单位】：天津师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.2;D929
【参考文献】
相关期刊论文 前10条
1 徐忠明;杜金;;唐明律例刑讯规定之异同[J];北京大学学报(哲学社会科学版);2009年04期
2 熊杰;;从“杨乃武与小白菜案”看《申报》的舆论监督意识[J];东南传播;2007年07期
3 姜小川;;中国古代刑讯制度及其评析[J];证据科学;2009年05期
4 徐忠明;杜金;;杨乃武冤案平反的背后:经济、文化、社会资本的分析[J];法商研究;2006年03期
5 马怀德;孙邦清;张伟杰;孔志国;;专家眼里的“错案追究”[J];法律与生活;2005年24期
6 拉毛扬措;;人民陪审制度研究[J];法制与社会;2009年32期
7 张忠军;秦涛;;艰难的洗冤之路——杨乃武一案复杂原因的程序性探析[J];理论月刊;2007年02期
8 红梅;;论我国刑事再审程序的改革与完善[J];前沿;2009年11期
9 成剑英;;网络舆论监督:特点、难点与对策[J];求实;2010年04期
10 余刚;;历史档案中的杨乃武与“小白菜”[J];文史春秋;2007年11期
，本文编号：2258505
本文链接：https://www.wllwen.com/falvlunwen/falilunwen/2258505.html
