论文部分内容阅读
内务府在清代宫廷、乃至整个朝廷中的地位,非常重要而特殊。宫廷司法是其职责的一部分,其审判既保持清代司法的一般特征,又体现出了一定的特殊性:如自行创设案件管辖权,皇帝直接、频繁地干预审判,法律适用方面灵活,有着较大的自由裁量权,命、盗案件并不严格执行逐级审转程序等。这说明内务府的审判并非严格依据律例规定,法律的文本表达与司法实践之间存在着某种程度的分离。而这一切源于内务府与皇权的特殊关系。与其他部院衙门相比,它与皇帝的关系更为密切、直接。皇帝随时授予其司法权力,默许其司法实践,而这也是其他中央和地方各级衙门无法企及的。
House government in the Qing court, and even the entire court in the position, very important and special. Court judiciary is a part of its duty. Its trial not only maintains the general characteristics of the judiciary in Qing dynasty, but also shows some particularities. For example, it creates the case jurisdiction by itself, the emperor directly and frequently intervenes in the trial, and has the flexibility in the application of law. Large discretionary power, life, robbery cases do not strictly implement the step by step review procedures. This shows that the judgment of the Imperial Household Administration is not strictly based on the regulations and there is a certain degree of separation between the textual expression of the law and the judicial practice. All of this stems from the special relationship between Imperial Government and imperial power. Compared with other departments Yamen, it has a closer and direct relationship with the emperor. At any time, the emperor granted his judicial power to acquiesce in his judicial practice, which was unattainable by other Yamen at the central and local levels.