「心存於情理之中，身必不陷於法律之內」——清代法律在地方上的落實與妥協

Abstract

Sympathy with forgiveness, legal logic and legal explanation must be all take in consideration from Chinese legal view since ancient times. Chinese emperors often expressed their administrative vision of cherishing their people that they hoped nobody would be imprisoned. Chinahassuchavastterritorythatsheneedsagroupofwell-trainedlocalofficersto carry out the policy of the government. Then, the central government issued some implemented rules to teach the local officers how to deal with the complicated civil problem. Chinese government has always paid attention to the educational function of the law more than disciplining as a warning. When Chinese local officers dealt with legal cases, they gave advisement reasonably and considerably, just like father edified his son, so to make legal cases fewer and fewer. This paper set the Qing Dynasty as example to discuss the implementation and compromise of law in the localities during the Qing Dynasty, based on Kang Xi’s “The Emperor's Instructions” and Yong Zheng’s A Popularization and Explanation of “The Emperor's Instructions” as the chief historical data. Besides, historical data such as Administrative knack in JiangxiProvince, family precepts, sketchbook novels of Qing Dynasty were all adopted.