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晚明之世,中国已步入全球化巨流,在世界经贸与文化交荡之间发展自生。欧洲之耶稣会士正在此间来华,带来西洋新知,却同时冲击中华之纲本伦常。于是乎,明神宗万历四十四年(1616年),南京礼部侍郎沈首先发难,以“阑入都门,暗伤王化”抨击西洋教士,四方继而响应。终于,西教被目为邪党,信徒遭拿问拘禁,是为“南京教案”。此诚为晚明中西文化冲突之大事,亦为其时政治斗争之延伸。因此一直以来,史学界有关研究在文化、宗教以至政治视角之下已是汗牛充栋。然而,此案实同是晚明涉外及宗教司法的重要案例。本文将结合中外史料,探究案件之审讯程序,刑罚判决,法理运用等,希望由此管窥晚明之司法制度之余,说明西方文化在传统中国流播之时面对何样之法律处境。
In the late Ming dynasty, China had stepped into a giant global flow and developed itself among the world’s economic, trade and cultural exchanges. The Jesuits in Europe are here in China, bringing new knowledge of the West, but at the same time impacting China’s Benjamin Lun. Ever since, Ming Emperor Shenli Wanli forty-four years (1616), Nanjing Ceremonial Minister Shen Xi first made a fortune to “imprison into the door, secretly hurt King” attacked the Western priest, the Quartet then respond. Finally, the West teachings are regarded as evil parties, believers were asked to be detained, for “Nanjing lesson plans.” This is a major event of Sino-Western cultural conflicts in the late Ming and also an extension of the political struggle at the time. Therefore, historically scholarship has accumulated a great deal from the cultural, religious and political perspectives. However, this case is also an important case of late Ming’s foreign and religious judiciary. This article will combine the history of China and foreign countries to explore the trial procedures of cases, judgments of judgments, the application of jurisprudence and so on, hoping to give a glimpse of the judicial system in the late Ming while explaining the legal situation faced by Western culture in traditional China.