清代内务府案件管辖权初探——以慎刑司奏案为例
发布时间：2018-09-05 16:23
【摘要】：清代内务府负责审理上三旗案件、与宫廷相关的案件,其案件管辖权来自大清会典的规定。在司法实践中,内务府基本上遵守会典的规定,但也会出现变通,审理依规定应移交其他部门的案件,同时也会将已经受理的复杂案件移交其他部门审理。会典规定与案情是内务府判断是否审理案件的主要因素,当二者出现冲突时,案情因素优先于会典规定,内务府根据案情复杂程度、难易程度决定是否受理案件,这种决定权源自皇权的认定。
[Abstract]:The House of the Qing Dynasty was responsible for the trial of the three banners cases, the court-related cases, its jurisdiction came from the provisions of the Qing Dynasty. In judicial practice, the internal affairs government basically complies with the provisions of the convention, but there will also be modifications, hearing cases that should be transferred to other departments according to regulations, and at the same time transferring complex cases that have already been accepted to other departments for trial. The provisions of the meeting and the circumstances of the case are the main factors for the internal affairs government to judge whether the case will be tried or not. When there is a conflict between the two, the factors of the case take precedence over the provisions of the convention. According to the complexity of the case, the internal affairs government decides whether to accept the case or not. This decision comes from the determination of imperial power.
【作者单位】： 故宫博物院博士后工作站;
【分类号】：K249
，
本文编号：2224811
[Abstract]:The House of the Qing Dynasty was responsible for the trial of the three banners cases, the court-related cases, its jurisdiction came from the provisions of the Qing Dynasty. In judicial practice, the internal affairs government basically complies with the provisions of the convention, but there will also be modifications, hearing cases that should be transferred to other departments according to regulations, and at the same time transferring complex cases that have already been accepted to other departments for trial. The provisions of the meeting and the circumstances of the case are the main factors for the internal affairs government to judge whether the case will be tried or not. When there is a conflict between the two, the factors of the case take precedence over the provisions of the convention. According to the complexity of the case, the internal affairs government decides whether to accept the case or not. This decision comes from the determination of imperial power.
【作者单位】： 故宫博物院博士后工作站;
【分类号】：K249
，
本文编号：2224811
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