清代抱告制度探析

在清代民事诉讼中,官吏、生监、老幼废疾及妇女为原、被告时非用抱告呈诉官府不予受理是各地通行的惯例。抱告一般为原、被告的亲属或雇工。抱告一般代原、被告呈递诉状,有时亦代原、被告赴公堂对审。抱告制度实质上是中国古代在"无讼"理想追求下对讼争现实作出的制度安排,与今天的诉讼代理制度虽在形式上颇为相似,却不可同日而语。

A Study on Baogao in Qing Dynasty

Women,the disabled,the youngsters,the old,licentiates and officials must have an agent who was called Baogao in Qing Dynasty if they wanted to file a suit in Qing Dynasty.Generally,the agent was a relative or an employee of the plaintiff or the defendant.In the case,a baogao had to deliver a pleading for a complaint or a defendant to the court.Sometimes,a baogao had to attend the court for examination on behalf of a complaint or a defendant.In fact,the practice was the systematic arrangement that reflected ...