淸末 官箴書 속에서의 재판행정과 지역사회
A Legal Administration and a Local Community in the Guidebooks for Governance in the late Qing Dynasty
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Generally speaking, major tasks of the public offices in local society were the denominations of penalties and money and grain(錢穀). Likewise, the lawsuits and the collection of a tax were the primary tasks for local officials. These two tasks were actually related closely but have been studied separately in the field of a history of laws and the local finance in the previous studies. At worsening local finances in the late Qing Dynasty, the procedure of civil lawsuits was also influenced seriously in the context. The public offices in local areas had no choice but to have a number of officials such as clerks and polices(捕快) to do the judgment works. As local finances got worsened, they intervened actively in the civil lawsuits to fill the gaps and their pockets not supported by the local finances. This vicious cycle made impartiality on the tasks and the practical ability of the officials such as clerks polices even on the official staffs poor. This caused the social discontent in a large scale inevitably. While the previous studies in a history of laws inquired into how trials had been treated by cases, it is much more required to search for whether the procedure was swift or delayed from a local official and a community. With the relaxation of the local finance, loosened supervision by the upper administration on the level of states and districts made local officials think carelessly to give a judgment in the civil lawsuits. As the credibility on clerks in the public offices and even on the official staffs in the late Qing Dynasty, local officials seemed to judge in a way of their own principles, not depending on advices and judgment of the official staffs. In this regard, it is safe to say that the authority of local officials got higher actually in the civil lawsuits.
Abstract
Generally speaking, major tasks of the public offices in local society were the denominations of penalties and money and grain(錢穀). Likewise, the lawsuits and the collection of a tax were the primary tasks for local officials. These two tasks were actually related closely but have been studied separately in the field of a history of laws and the local finance in the previous studies. At worsening local finances in the late Qing Dynasty, the procedure of civil lawsuits was also influenced seriously in the context. The public offices in local areas had no choice but to have a number of officials such as clerks and polices(捕快) to do the judgment works. As local finances got worsened, they intervened actively in the civil lawsuits to fill the gaps and their pockets not supported by the local finances. This vicious cycle made impartiality on the tasks and the practical ability of the officials such as clerks polices even on the official staffs poor. This caused the social discontent in a large scale inevitably. While the previous studies in a history of laws inquired into how trials had been treated by cases, it is much more required to search for whether the procedure was swift or delayed from a local official and a community. With the relaxation of the local finance, loosened supervision by the upper administration on the level of states and districts made local officials think carelessly to give a judgment in the civil lawsuits. As the credibility on clerks in the public offices and even on the official staffs in the late Qing Dynasty, local officials seemed to judge in a way of their own principles, not depending on advices and judgment of the official staffs. In this regard, it is safe to say that the authority of local officials got higher actually in the civil lawsuits.
참고문헌 (44)
- "淸實錄", ~
- 藍鼎元, "녹주공안" (2010), 이산출판사
- 藍鼎元, "鹿洲初集", ~
- 劉禺生, "世載堂雑憶", ~
- 陸以湉, "冷廬雜識", ~
- 方大湜, "平平言", 官箴書集成 卷7 수록, ~
- 汪輝祖, "病榻夢痕錄", ~
- 莊綸裔, "盧鄉公牘", ~
- 陳宏謀, "學仕遺規補編", ~
- 陳朝君, "蒞蒙平政錄", 官箴書集成 卷2 수록, ~
- 陳朝君, "蒞蒙平政錄", ~
- 包世臣, "齊民四術", ~
- 何耿繩, "學治一得篇", 官箴書集成 卷6 수록, ~
- 費孝通, "중국사회의 기본구조" (1995), 일조각
- 黨江舟, "中國訟師文化-古代法律現象解讀" (2005), 北京大學出版社
- 白凱, "長江下游地区的地租ㆍ賦税與農民的反抗闘争-1840-1950" (2005), 上海書店出版社
- 彭澤益, "十九世紀後半期的中國財政與經濟" (1983), 中國人民大學出版社
- 山本英史, "赴任する知縣―清代の地方行政官とその人間環境" (2016), 硏文出版
- 山田賢, "中國の秘密結社" (1998), 講談社
- 滋賀秀三, "續・清代中国の法と裁判" (2009), 創文社
- Reed, Bradly W, "Talons and Teeth : County Clerks and Runners in the Qing Dynasty" (2000), Stanford University Press
- Will, Pierre-Étienne, "Official Handbooks and Anthologies of Imperial China : a Descriptive and Critical Bibliography", ~
- 邱彭生, "중국 상업관행의 근현대적 전개" (2011), 한국학술정보
- 김선혜, "명청시대 사회경제사" (2007), 이산
- 김형종, "명ㆍ청 시대 중국의 관잠서- 黃六鴻과 『복혜전서(福惠全書)』를 중심으로", 다산과 현대, 7 (2014)
- 박영철, "전제지배와 訟師의 향방 ― 宋代 르네상스 再考 ―", 동양사학연구, (123), pp.121~150 (2013), 동양사학회
- 이준갑, "包世臣(1775~1855)의 鹽政改革論에 관한 一考察", 서울대 동양사학과론집, 9 (1985)
- 이평수, "天地會의 入會儀式 ―演劇과의 關聯性을 中心으로―", 명청사연구, (21), pp.189~218 (2004), 명청사학회
- 조병한, "近世東아시아의 國家와 社會" (1998), 지식산업사
- 한승현, "청대 건륭‒가경연간 미결 소송 적체 현상과 그 대책", 정신문화연구, 37(1), pp.157~192 (2014), 한국학중앙연구원
- 홍성화, "官箴書를 통해서 본 淸代 幕友와 法律運用 ― 汪輝祖의 사례를 중심으로 ―", 동양사학연구, (115), pp.269~305 (2011), 동양사학회
- 홍성화, "汪輝祖 <<病榻夢痕錄>>을 통해서 본 地方裁判의 事例硏究", 중국사연구, (78), pp.1~35 (2012), 중국사학회[DOI]
- 홍성화, "淸代 民事裁判의 性格에 관한 論爭 ― 필립 황과 滋賀秀三의 연구를 중심으로 ―", 사림, (28), pp.175~201 (2007), 수선사학회
- 関暁紅, "晩清國家與社會" (2007), 社會科學文獻出版社
- 金詩燦, "淸代部費硏究", 武漢科技大學學報, 13(5) (2011)
- 李國祁, "包世臣与魏源經世思想比較分析", 臺灣師大歷史學報, 33 (2005)
- 魏丕信, "明淸時期的官箴書與中國行政文化", 淸史硏究, (1) (1999)
- 谷井陽子, "中國明淸地方檔案の硏究" (2000), 京都大學大學院文學研究科
- 宮崎市定, "宮崎市定全集 卷14" (1991), 岩波書店
- 大谷敏夫, "包世臣の實學思想について", 東洋史研究, 28(2ㆍ3) (1969)
- 夫馬進, "中國近世の法制と社會" (1993), 京都大學人文科學硏究所
- 阿風, "中國訴訟社會史の硏究" (2011), 京都大學學術出版會
- 仁井田陞, "東京大學東洋文化硏究所大木文庫分類目錄" (1959), 東京大學東洋文化硏究所
- 川勝守, "明末淸初の訟師についてー舊中國社會における無賴知識人の一形態", 九州大學東洋史論集, 9 (1981)