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从现代西方三权分立的视角看,清代州县对诉讼的审断是司法行为。然而在中国,当时州县是统管一方的牧民之官,审断诉讼不过是他治理地方职责的一个部分,故其审断行为应看作政务而非司法。县衙不同于现代意义的法院,州县也不同于现代意义的法官。州县的铨选本不侧重法律知识,所针对的社会诉求也更多是伸冤而非维权,故其审断时主要考虑的并不是完成整个审断程序及严格适用律例,而是自主灵活地掌握程序与规则,综合运用情、理、律,以最便捷有效,也最能为当事人接受的方式了结纠纷,从而维护地方社会的安定与和谐。
Judging from the perspective of the separation of the three powers in the modern West, judging the lawsuit in the counties and counties in Qing Dynasty is a judicial act. However, in China, when the state and county were the herders who supervise the party at one time, the adjudication and litigation is only one part of the responsibility of the local government. Therefore, the judging should be regarded as a government rather than a judicial one. County court is different from the court of modern significance, state and county is also different from the judge of modern significance. At the prefectural level, the anthology of anthology did not focus on legal knowledge, and the social appeals for it were more injustice than rights defense. Therefore, the main consideration when judging is not to complete the entire judging procedure and strictly apply the law but to be autonomous and flexible To master the procedures and rules, the comprehensive application of emotion, reason and law, the most convenient and effective, but also the most for the parties accepted the dispute over the dispute, so as to maintain the stability and harmony of local society.