清代刑部驳案制度是清代司法审转复核体系中至为重要的组成部分,先前的研究多关注其制度安排中的权力制约与权威优势部分,进而质疑其运行的实践效果。事实上,清代刑部驳案制度运行过程中更多地体现为司法权力之间的配合与互动,这不仅有效地化解了司法权力之间的冲突,也保障了其司法纠错功能的实现。 The system of the representative penalty system in the Qing Dynasty was an important part of the judicial review system in the Qing Dynasty. Previous studies focused more on the restriction of power and the superiority of authority in its institutional arrangements, and then questioned the practical effect of its operation. In fact, during the operation of the system of representative penalty in Qing Dynasty, it is more reflected in the coordination and interaction between judicial powers. This not only effectively resolves the conflict between judicial powers, but also guarantees the realization of its judicial correction function.