摘要
明代孔府与同城的县衙一样,拥有自己的司法机构与相应的裁量权.孔府受理民事案件的范围包括孔氏宗族内部、孔氏族人与他族、孔府所辖人户及其他圣贤后裔的纠纷.孔府受理的诉讼与州县衙门的类似,均以诉讼文书的形式展开,两者在诉讼策略、农忙止讼、状纸形式、诉讼人数限制以及是否使用抱告等方面存在异同.朝廷赋予孔府一定的裁断权,从现存文书来看,其裁断形式包括"状"中批词和具有执行功能的"票",裁断结果主要有给予处罚、准以和息、给批、行文至相关机构四种.要而言之,明代孔府是一个类似于州县衙门的"官衙"机构;孔府在细故案件的受理与裁断上与一般衙门存在共性,也有其独特性;"一人双责"决定了孔府"家族官僚混合制"的司法特质.
Abstract
The Confucius Mansion,also known as the Mansion of Duke Yanshenggong,was a special institution in Ming and Qing dynasties,which was entitled corresponding judicial discretion as a government office similar to the Yamen at county and prefecture levels.And,as the"first family in the world",the Confucius Mansion led the Kong family system.Therefore,a study of the Confucius Mansion helps understand the connection between the Yamen and important clans in the Ming-Qing period.The scope of civil cases the Confucius Mansion handled covered disputes within the Kong clan,between members of the Kong clan and other clans,between households under the jurisdiction of the Kong family,and among descendants of other sages in the Ming dynasty.The lawsuits of the Confucius Mansion were similar to those handled by magistrates and prefects,all conducted in the form of litigation documents,usually including complaints,petitions,and mutual accusations.Once the litigation was approved for filing by the Confucius Mansion,it immediately entered the inspection and trial process.The documents mainly consist of three types;tickets,pleadings,and guarantees.The tickets issued by the Confucius Mansion were divided into detention tickets and execution tickets.The former was used to summon the parties to the Confucius Mansion for interrogation while the latter was used by the ticket attendants to execute the ruling of the Confucius Mansion.A pleading referred to the responsibilities of those who were aware of the case to assist in its investigation,and they usually reported their information of the case or investigation results to the Confucius Mansion in the form of a petition document.A guarantee indicated a document issued by a relevant person within a certain period of time,which represented their responsibilities for guaranteeing certain actions,financial resources,or the quality of goods for the purpose of guarantee.There were similarities and differences between the lawsuits accepted by the Confucius Mansion and those treated by counties and prefectures.They were relatively similar in terms of litigation strategy and the cessation of litigation during farming seasons,but there were differences in the form of litigation papers,limitations on the number of litigants,and the use of baogao.The yamen at counties and prefectures began to use grid paper with limited word count after the mid-Ming dynasty,while the Confucius Mansion used rectangular blank paper.Generally,counties and prefectures often limited the number of defendants and witnesses to prevent innocent people from being implicated,but the Confucius Mansion seemed to have no such strict regulations.The counties stipulated that gentry,the elderly,the young,the disabled,and women must use baogao,but this did not exist in the judicial practice of the Confucius Mansion.The adjudication of the Confucius Mansion,especially the power of handling disputes among the Kong clan by the duke of Yanshenggong,had been repeatedly granted and consistently supported by the court.It can be seen from the existing archives that the Confucius Mansion did not have independent forms such as tangyu,shenyu,or shendan as seen in local records during the Qing dynasty.Instead,most of the documents were shown in the form of zhuang.In addition,the ticket which functioned as execution can also reflect the judgments of the Confucius Mansion.In short,the Confucian Mansion was a semi-official institution similar to yamen rather than a typical family organization,in the Ming dynasty.There were similarities and uniqueness in the acceptance and adjudication of minor cases between the Confucian Mansion and yamen.The"dual responsibility of one person"determined the judicial characteristics of the"mixed system of family bureaucracy"in the Confucian Mansion.
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