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秋审,作为清朝一项特殊的死刑复核程序,被视为大典。本文的侧重点不在于探讨秋审制度的程序,而是着重分析秋审制度背后的价值追求。深入秋审制度背后,发现其在形式上表现为对“恤刑慎杀”的慎刑思想的贯彻,实质上更保证了皇权对司法的干预,通过秋审制度一方面能使皇权渗透入民间,另一方面也是皇权监督控制官僚的有效手段。
Autumn trial, as a special review of the death penalty in the Qing Dynasty, was regarded as a ceremony. The focus of this paper is not to discuss the procedure of the autumn trial system, but to focus on the value pursuit behind the autumn trial system. Behind the autumn review system, we find that it is formally manifested in the implementation of the penalty of cautious punishment of “torture”, in essence, to ensure that the imperial power to intervene in the judiciary, on the one hand, through the autumn trial system can make the emperor infiltrate Into the private sector, on the other hand is also an effective means of monitoring the control of the bureaucracy of the imperial power.