清代州县司法与行政——黄六鸿与《福惠全书》

《福惠全书》是康熙三十八年(1699年)由种书堂印行,在当时是比较受州县官欢迎的书籍之一,因为该书不但能够成为他们的施政参考和指导,而且还可以成为座右铭。在当时专制政体下,州县官是督抚的属员,州县官只对督抚负责,只要得到督抚的庇护,就没有办不成的事,所以“州县每视上官为转移”,不再安心政务,而是全力奉上,“不用实而专用虚,妙于趋,尤妙于避”,却在司法与行政过程中运用各种技巧,以造福之心,施惠于民。

On the Jurisdiction and Administration of State and County in Qing Dynasty——Huang Liuhong and the Complete Collection of the Benevolence

The Complete Collection of Benevolence was published by Zhong Shu Tang in 1699(the 38th year of Emperor KangXi) and was quite popular with the state and county magistrates as the maxim for their administration more than just guideline and reference.Under the then autocratic political system,acting as the subordinate,the magistrate of the state and county should be exclusively responsible for the governor.Therefore,such magistrates would exercise unlimited discretion only if being protected by the governor,which resulted in rampant bribery rather than integrity in administration.However,there still existed such flexible strategies in judicial and administrative operations as focusing on procedure rather than substance and orientation on delicate following and avoiding detriment which would be skillfully applied to benefit local citizens.