清嘉庆时期冤案形成因素分析——以"泰安徐文诰案"为例
An Analysis of Form Factors of Wrongful Convictions in Jiaqing Period—Taking the Tai'an Xu Wengao Case as an Example
解可欣 1薛刚1
作者信息
- 1. 长春师范大学 历史文化学院,长春 130032
- 折叠
摘要
清朝嘉庆二十年(1815 年)五月发生的"泰安徐文诰案",是一起因州县官"讳盗为窃",各承审官互相回护而导致的冤案.泰安县令汪汝弼畏盗如虎,为该冤案之肇始,该案在多重审转复核制度下仍然经过一次部驳、两次京控、三堂会审,最终由嘉庆帝亲审,历时近五年才得以昭雪.州县官初审错误是冤案发生的根源,刑讯逼供是冤案发生的直接原因,审转复核制度的失灵最终导致冤案发生.深层次原因是嘉庆朝官场生态的整体恶化以及整个官僚系统监督管理的弱化,防止冤案发生的制度无法发挥其有效性.
Abstract
The"Tai'an Xu Wengao Case",which occurred in May of the 20th year of Jiaqing period(1815)in the Qing Dynasty,is a wrongful conviction caused by"covering up robberies as thefts"of local officials and mutual protection among the reviewing officials.The magistrate of Tai'an county,Wang Rubi,out of the fear that the case would get him demoted,initiated this wrongful conviction.The case,despite in the system of multiple reviews and re-examinations,went though one departmental rejection,two capital appeals,and the joint trial by the three judicial authorities before it was ultimately adjudicated by Emperor Jiaqing.It took nearly five years before the case was finally cleared.The errors in the initial trial by local officials were the root cause of the injustice,the use of torture to extract confessions was the direct cause of the wrongful conviction,and the failure of the system of multiple reviews finally gave birth to it.The deeper reasons lay in the overall deterioration of the official environment in Jiaqing period and the weakening of the supervision within the bureaucratic system,both of which made the system that could prevent injustice ineffective.
关键词
嘉庆时期/徐文诰/冤案Key words
Jiaqing period/Xu Wengao/wrongful conviction引用本文复制引用
出版年
2024
NETL
NSTL
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