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清代司法官的堂判判词是对案件事实的认定、审理过程、证据的采信、判决结论的记录。清代的地方司法判决与地方官的行政命令具有同等的法律效力,大都以县令“堂谕”的形式表现出来。《三邑治略》卷四、五、六是清代光绪年间历任湖北省利川、东湖、天门三县县令的熊宾,将任内所审理的案件并当堂所书的判词的汇编。对堂判判词的研究,可再现清代地方司法官的审判实践,探究清代地方司法官是如何审理案件的,包括如何认定案件事实,如何当堂质证,证据如何采信,如何适用法律、条例,如何将情理法交融在司法判决中,其作出的判决结论反映了清代司法官乃至统治者的司法价值取向。
The court judge’s judgment in the Qing Dynasty was a record of the confirmation of the facts of the case, the trial process, the evidence collection and the conclusion of the judgment. The local judicial decisions in the Qing Dynasty had the same legal effect as the administrative orders of local officials, most of which were manifested in the form of county magistrate “Dao Yu ”. Volumes 4, 5 and 6 of the “Sanyi Governance Strategy” Volumes 4, 5 and 6 are compiled by Xiong Bin, who served as county magistrate in three counties in Lichuan, Donghu and Tianmen of Hubei Province during the Guangxu period in the Qing Dynasty. The study of the court judgment can reproduce the trial practice of local magistrates in the Qing Dynasty and explore how the local magistrates in the Qing Dynasty handled the case, including how to determine the facts of the case, how to take the evidence of the case, how to adopt the evidence, how to apply the law, How to combine the theory of reason with the judicial decision, and the conclusion of the judgment made by it reflects the judicial value orientation of the magistrate and even the ruler in Qing Dynasty.