清代诬告案件依法判决情况的原因分析

文章以《刑案汇览》的诬告案件为基础,探讨了清代刑事审判中的依法判决问题。研究显示,虽然官方要求司法官员必须依法判决,但司法实践中非依法判决的现象比比皆是。原因是中国古代的司法审判以情理为判决的价值取向,反映在刑事审判中就是司法官员以＂情罪相符＂为目标,但官方又强调严格依律判决,所以清代的刑事审判其实是一个平衡罪名与罪刑的过程。

Analysis to the Reasons Involved in Adjudicating the Trumped-up Cases according to Law in Qing Dynasty

On basis of the survey of the trumped-up cases in《Xing-an-hui-lan》,this paper explores whether the issue of adjudicating was according to law in the criminal trials of Qing Dynasty.As revealed in this research,though the government demanded judicial officials to adjudicate according to law,there were a number of cases in judicial practice in which judicial officials failed to do so.The reason is that in the judicial trial pattern of ancient China,aiming at ＂reason accords with crime＂ was actually a reveal of adjudicating in criminal trials.But the government emphasized adjudicating according to law.Therefore,in fact criminal trial was a process of balancing the rules,provisions and the so-called ＂reason accords with crime＂.