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司法是解决社会矛盾的主要途径,而运行司法的机关就是法院。在中国传统社会中,行使这一职权的就是州县衙门。由于他们是所谓的基层法庭,处理的案件多半是受众广、涉及面大的,不仅有民事的还包括很多刑事案件。州县长官对于一个案件的审判过程可以说是“有始有终”。他不仅要主持案件的审理、判决以及定罪量刑,还会实地勘察和缉捕罪犯。用今天的话来说,他就是公检法长官职务集于一身。因之种种原因,清代统治者对于州县长官的司法审理工作予以高度重视,相关法律也得以规范。本文通过简要介绍清代地方长官在司法相关活动中的具体作用及相关流程的运行,希望对于目前的司法现状有所借鉴和启发。
Justice is the main way to solve social conflicts, and the organ that runs the judiciary is the court. In traditional Chinese society, the prefectural Yamen is the one who exercises this power. Since they are the so-called grass-roots courts, most of the cases handled are widely publicized and involve a large number of people. They include not only civil matters but also many criminal cases. County magistrate for a case of the trial process can be described as . He not only presided over the trial of the case, judgments and convictions and sentencing, but also field investigation and arrest of criminals. In today’s words, he is the magistrate’s lawyer’s office in one. For various reasons, the Qing rulers attached great importance to the judicial adjudication of prefectures and prefectures, and relevant laws were also regulated. This paper briefly introduces the specific role of local officials in the Qing Dynasty in judiciary related activities and the operation of related processes, hoping to draw lessons from the current judicial status quo.