从慎刑司奏案看清代内务府案件管辖权
发布时间：2018-11-09 17:56
【摘要】：正目前学术界对清代司法的研究,在中央审判制度、州县审判、律例考证、清末变法修律等领域取得了丰富的成果,然而内务府审判是空白。内务府案件管辖权,或者说审判权限,是内务府审判的启动环节,对其进行研究,有助于揭示宫廷司法的特点,从而更好地理解清代司法制度。清代很好地继承了中国的成文法传统,犯罪与刑罚、各种典章制度等都可以在《大清律例》《钦定大清会典》(以下简称《会典》)中找到,内务府案件管辖权的规定记载于《会典》中。然而,仅看纸面上的规定并不能揭示全部的情况,必须结合记录案件审判真实情况的档案,才能更客观地
[Abstract]:At present, the academic circles have made rich achievements in the fields of central trial system, state and county trial, textual research of laws and regulations, law revision of law reform in the late Qing Dynasty and so on. However, the trial of internal affairs government is blank. The trial jurisdiction, or jurisdiction of the internal affairs, is the starting link of the internal affairs trial. The study of it is helpful to reveal the characteristics of the court justice and to better understand the judicial system of the Qing Dynasty. The Qing Dynasty inherited China's tradition of statutory law, crime and punishment, and all kinds of laws and regulations, etc., which can be found in the "Qing Dynasty laws", "the Imperial order of the Qing Dynasty" (hereinafter referred to as the "Hui Dian"). The provisions on the jurisdiction of the Internal Affairs Department cases are recorded in the Congress. However, the rules on paper alone do not reveal the full picture, and must be combined with a record of the true circumstances of the case in order to be more objective
【作者单位】： 故宫博物院博士后科研工作站;
【分类号】：K249
，
本文编号：2321141
[Abstract]:At present, the academic circles have made rich achievements in the fields of central trial system, state and county trial, textual research of laws and regulations, law revision of law reform in the late Qing Dynasty and so on. However, the trial of internal affairs government is blank. The trial jurisdiction, or jurisdiction of the internal affairs, is the starting link of the internal affairs trial. The study of it is helpful to reveal the characteristics of the court justice and to better understand the judicial system of the Qing Dynasty. The Qing Dynasty inherited China's tradition of statutory law, crime and punishment, and all kinds of laws and regulations, etc., which can be found in the "Qing Dynasty laws", "the Imperial order of the Qing Dynasty" (hereinafter referred to as the "Hui Dian"). The provisions on the jurisdiction of the Internal Affairs Department cases are recorded in the Congress. However, the rules on paper alone do not reveal the full picture, and must be combined with a record of the true circumstances of the case in order to be more objective
【作者单位】： 故宫博物院博士后科研工作站;
【分类号】：K249
，
本文编号：2321141
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