摘要
有清一代，圍繞「子孫違犯教令」的立法和司法實踐，深刻體現了中華傳統法律的特殊風貌。由於清代此項立法存在一定的法律擴張問題，致使相關司法實踐更形複雜。本文以清代的「刑案彙編」材料為基礎，擷取若干典型案例，從教令的主體與客體、教令的正當性與非正當性等角度出發，深入縷析其中細微的法史問題，力圖揭示當時司法人員對於情罪允協的獨特理解和司法訴求。
The legislation and judicial practice about the clause of“Disobedience of Parental Teaching and Order by Descendants”in Qing dynasty deeply shows the special style and feature of Chinese traditional law. Some law expansion during the legislation of this clause made the judicial practice more and more complicated. In this paper, we'll choose some typical judicial cases of“Disobedience of Parental Teaching and Order by Descendants”from many important collections of criminal cases, to make a series of analysis in detail on several kinds of significant legal and historical problems, including the subject and object, the justification and unjustfication, and some other aspects of this right of Jiaoling (教令), to reveal their unique understanding and judicial appeals to the harmony between the Qing (情) and Zui (罪).
關鍵詞
子孫違犯教令、刑案彙編、情罪允協
Disobedience of Parental Teaching and Order by Descendants、Collections of Criminal Cases、Harmony between the Qing (情) and Zui (罪)
