摘要
光緒年間發生的江寧三牌樓案，因問官錯殺二命，震驚朝野，是晚清著名的冤案之一。傳記資料多將該案的平冤昭雪，歸功於清代律學家薛允升名下，但對案件經過卻語焉不詳。本文利用正史、奏摺、信劄、報紙等資料，對三牌樓案的詳細情形加以考證和復原。在此基礎上，重新評估薛允升在該案審理過程中的實際貢獻，糾補相關史書的記載。並嘗試探討三牌樓所展現的制度問題，提出清代審轉這一制度設計在實際運作中可能發生的偏離。
The Three Arches case in Jiangning Prefecture during the reign of Guangxu, which shocked the whole government and public for two
suspects were executed wrongly, is one of the most famous unjust verdicts in late Qing. Most of the biographical sources attribute the rehabilitation of this case to Xue Yunsheng who was a legal expert of Qing dynasty, yet are vague about the process. This article will utilize official history books,
memorials to the throne, letters, newspapers, and other relevant materials, in order to verify and restore the details of the Three Arches case. Based on the aforementioned work, this article will reappraise the real contributions Xue Yunsheng had made during the process of this case, as well as revise and complement the historical records accordingly. In addition, this article will try to discuss the institutional problems revealed by the Three Arches case, thus to point out the potential deviations in practice from the design of the judicial review and ratification system.
關鍵詞
三牌樓案、冤獄、平反、薛允升、審轉
the Three Arches case、unjust verdict、rehabilitation、Xue Yunsheng、the judicial review and ratification system