摘要
自秦漢家天下帝制體系確立以來，政府官員的角色常搖擺於私家臣僕和國家公務員之間。兩種角色既有交叉重合又時時產生矛盾衝突。本文以《未能信錄》所收清人張五緯在嘉慶年間辦理江西各州縣司法及政務的若干案例為例證，探討清代地方官如何在這兩種角色定位之間尋求調和。本文以為，雖然清代地方官之勤惰、廉貪、仁苛、正邪各有不同，因而促成其履行公共職能的動因也不一而足，單以張五緯所記錄之個案來看，參之其他旁證材料，張氏勉力追求司法公正及推進地方公益事業之根本思想動因乃源於儒家思想之浸潤，而非清代官僚體制自身。
Since the establishment of monarchy system in Qin and Han dynasties, the roles of government officials vacillated between public functionary and private servants frequently. The two different functionaries conflicted between each other while sometimes coincided. As evidence, this paper have included many judicial and governmental case records which Zhang Wuwei have transacted in Jiangxi Province, to discuss how the local government officials in Qing dynasty managed to reconciled their two roles. Looking at the records of Zhang Wuwei’s case examples, with other materials as reference, the paper suggested that although those officials were quite different in their personal qualities which caused the difference in their agent to the execution of public functioning, Zhang Wuwei’s fundamental thinking – to exert himself in seeking judicial justice and promoting the cause of the public good – was originated from the theory of Confucianism education instead of Qing dynasty’s bureaucratic system itself.
關鍵詞
張五緯、儒家思想、司法公正、社會公益、地方政府、無訟、息訟
Zhang Wuwei, Confucianism, impartial trial,Social Welfare, Local government, no disputes,no litigations
