摘要
薛允升作為清末律學大家，影響深遠，著述宏富。然因其著作散佚較多，研究寥寥，以致今人對其瞭解十分有限。本文根據新近發現的薛氏遺著《秋審略例》，推闡其法學文獻特質、版本內容流變，並結合該書之散佚與重現的曲折過程，試圖揭示清末刑部法律知識的形成凝練，以及傳播傳承的歷史一角。
As one of the most famous jurists in late Qing, although Xue Yunsheng has a very wide and deep influence and too many legal writings, seemingly, he is very unfamiliar to modern persons for rare academic research about him and so little his books has left. According to a new finding of Xue’s book, Qiushen Lueli (Collected Slightly Cases for Autumn Assizes), this paper will analyze its special legal literature characteristics and rehology of versions contents. Furthermore, we will discuss the forming process of the excellent legal knowledge in the highest Ministry of penalty, and discover the historical partial truth how this kind of scarce legal knowledge was diffused and inherited by Xue’s colleagues and disciples.
關鍵詞
薛允升、秋審略例、秋審、刑部
Xue Yunsheng、Qiushen Lueli、the Autumn Assizes、the Ministry of Penalty