“法表儒质”:清代刑名师爷理案原则初探——以“绍兴师爷”汪辉祖为例

刑名师爷是清代司法正常运作的重要角色之一,故而探讨其处理案件过程中的原则,是认识清代刑名师爷本人及清代司法理念的一个重要侧面。从这一视角出发,本文对“绍兴师爷”汪辉祖理案时诸如宁人息讼、详审慎断、准情用法、示民以信原则精神进行了剖析,指出了其“法表儒质”特征。

"Legalism in Exterior and Confudanism in Essence":a Preliminary Exploration into the Settlement of Lawsuits by the Legal Assistants in the Qing Dynasty-Take "Assistant in Shaoxing" Wang Huizu as an Example

The legal assistant is an important actor in the normal operation of law in the Qing Dynasty, so exploration into the principles in the process of the setdement of lawsuits is an important side of understanding the legal assistants as a person and the legal concepts of the Qing Dynasty. From this perspective, this paper analyzes the principled spirit in the case setdement of "Assistant in Shaoxing" Wang Huizu, such as pacifying the persons and calming down the case, examining meticulously and judging providendy, applying the law reasonably and showing people trustworthiness, and points out its feature of "Legalism in Exterior and Confucianism in Essence."