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本文在较为详尽材料的基础上,对于距今并不遥远今人却大多语焉不详甚至舛误连连的晚清法律改革中的发审局这一特殊机构,进行了试图“接近历史真相”的解密研究,既有建诸具体材料的微观分析,更有立足整体框架和历史语境的意义省察。作者揭示,发审局是清朝中后期各省地方政府为了适应社会形势的变化,从自己的实际情况出发,自主创设的准专门性司法机构,并通过本省地方性法规和惯例对其进行规范;它具有“准专门性/专业性法庭”的特点,不同于身兼行政、司法、立法等各种职能的地方政府,也异于清末法制改革中建立的各级审判厅;由于制度本身所具有的深层次因素所决定,它始终不过是传统司法体制下专职负责案件审理的职能部门,是从传统到现代变迁过程中的过渡产物,因此终被各级审判厅所取代;但作为一个准专门性的审判机构,其本身所具有的司法资源又为近代法制转型提供了必要的资源准备,体现了传统法制中的静中之变和变通之道。
Based on the more detailed materials, this special institution of the Hong Kong Stock Exchange (HKEx) in the law reform of the late Qing Dynasty, which is not far away from nowadays, has even been mistakenly mistreated. This study conducted a study on the declassification of “approaching the historical truth” , Both built on the micro-analysis of specific materials, but also based on the overall framework and the historical context of the significance of inspection. The author reveals that the issuance examination and approval bureau is the quasi-specialized judicial body independently set up by local governments in each province during the late Qing Dynasty in order to adapt to the changes in the social situation and to regulate them through the local laws and customs of the province. With the characteristics of “quasi-specialized / professional courts”, unlike local governments that have various functions of administration, judicature and legislation, they are also different from all levels of courtrooms established in the legal system reform in the late Qing Dynasty. Since the system itself has As a result of deep factors, it has always been nothing more than a full-time functional department under the judicial system that is responsible for handling cases. It is a transitional product from tradition to modern times and is therefore eventually replaced by courtrooms at all levels. However, as a quasi-specialization Judicial resources owned by the judiciary also provide the necessary resource preparation for the transformation of modern legal system and reflect the changes and modifications in the traditional legal system.