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)

서지정보

· 발행기관 : 명청사학회
· 수록지 정보 : 명청사연구 / 46호 / 75 ~ 105페이지
· 저자명 : 홍성화

초록

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.

영어초록

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.

참고자료

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