【作者】 孙洪军；

【导师】 王国平；

【作者基本信息】 苏州大学 ， 中国近现代史， 2008， 博士

【摘要】 晚清以前中国处在传统社会,按察使职能变化甚微,其担任的角色变化不大。晚清时期是中国由传统社会向现代社会递嬗的时期,内外交困的清王朝不得不采取措施应对日益严重的统治危机。随着社会面貌的变化,社会管理方随之发生相应变化,这种变化反映到按察使的职能上就是其职掌角色内涵的变化和差委角色的多样化。从按察使职掌角色的变化看,刑名总汇的角色有了新的内涵:由于民教讼案的增多,传统的国内诉讼因领事裁判权保护下教士、教民的参与而向国际诉讼的方向发展;因审办教案,使按察使司法审判内容得到扩展;乱世用重典的习惯促成就地正法制度的产生,弱化了按察使的检察官角色。社会治安方面,由于保甲制度的废弛和西方文化的影响,巡警作为新式治安方式开始出现,监狱管理也有新的举措,按察使成为巡警的创办者和监狱管理的改良者。晚清官场日益腐败,按察使的监察职掌日益弱化。科举监试角色因废除科举制度而结束。驿传逐渐废弛,加上电报技术传入的冲击,驿传地位下降,裁撤驿站之声日益高涨,清政府着手设邮局裁驿站,按察使驿传总管的角色渐渐弱化。从按察使差委角色的变化看,传统差委得以保持,新的差委日渐增多。晚清对外战争中因参与签订条约的谈判及参与审理教案,按察使开始扮演临时准外交官的角色。军事差委增多,尤其是镇压太平天国与捻军起义时期,文职按察使领兵作战习以为常,按察使又成为内外战争中的指挥员;按察使的军事才能开始成为其任官的一个考虑因素。按察使军事差委的剧增,造成积案问题,削弱了其刑名总汇的基本角色。部分按察使参与清政府为应对统治危机而开展的洋务运动与清末新政,按察使又成为洋务与新政的实践者。晚清按察使差委角色出现多样化的趋势,是社会分工日益明显、社会经济政治渐趋多元化的反映,差委角色的多样化又与管理要求专业化的社会发展趋势背道而驰,改变传统的社会管理机制,满足日益分化的社会的需要成为时代的必然。清末新政中地方官制改革,是对按察使制度的一次根本性变革,它将按察使的新旧差委一并剥离,按察使大量临时角色被剔除,使脱胎于按察使的提法使专业化程度大大提高;它将司法与行政、司法行政与司法审判、审判与检察、审判与侦察等以法律的形式予以分立,彻底改变了省级司法政刑不分、民刑不分、审检合一的僵化司法机制,取代按察使的提法使的社会角色定位是职掌清楚、权责分明的省级司法行政长官,提法使专业化程度进一步提高。从晚清按察使职掌角色内涵的变化与差委角色多样化到清末新政提法使职掌角色的专业化发展过程,其本质是司法的现代化,是中国社会现代化的一个部分。尽管由于清朝的迅速灭亡使提法使制度没有得到发展与延续,但是按察使改革的制度设计相对于传统社会的司法体制而言无疑是省级司法制度的创新,其专业化的改革方向是符合历史发展趋势的。晚清按察使角色的变化,是社会基本矛盾变化的结果,是社会管理方式变化的反映,对中国社会的转型影响深远。它推动了地方社会治安方式的进步、对外交涉机构的建立以及各种新的社会管理机构的诞生,推动了中国社会的政治、经济现代化,尤其是省级司法的现代化,是中国由传统社会向现代社会转型的重要表现。更多还原

【Abstract】 The functions and roles of the surveillance commissioners changed little before The Late Qing Dynasty when China was in the traditional society. In The Late Qing Dynasty, China was on the way from a trditional society into a modern society and the government had to take measures to deal with the increasingly severe predominating crisis inside and outside. With the evolution of the society visage, the society administration changed, which reflected on the evolution of the connotation of the surveillance commissioners’roles and the diversifications of their duty.Viewing the evolution of the duty and roles of the surveillance commissioners, their role in charge of the punishment concourse had new connotation. With the cases dealing with the peoples who believed in religions rising, the traditional national litigations developed into international ones involving with clergymen and religious civilians under the protection of the consular jurisdiction. The content of the surveillance commissioners’judicatory adjudgement was extended because of interrogating the cases involving with clergymen and religious civilians. The surveillance commissioners’role as inquisitor was weakened with the system of executing on the spot coming into being because of the custom that the laws are executed strictly in troubled times. The surveillance commissioners became the promotors of the patrol police and the ameliorators of the prison administration.With the abolishement of self-protect system and the influence of the western culture, the cops as a new way in public security appeared and the prison administration had new measures and moves. The supervising duty of the suoervisors was increasingly weakened due to the corruption of officialdom in The Late Qing Dynasty. The inspecting role of the surveillance commissioners in the imperial examinations ended with the abolishment of the systen of the imperial examinations. The role of the surveillance commissioners as dak general manager was also weakened little by little with the system of dak abolished gradually and the afferent impingement of the telegram technology. The Qing government started to reduce and remove the posthouses and set up the post offices because of the status of the dak declined and the demand of the public.Viewing the evolution of the missions of the surveillance commissioners, their traditional missions remained and new missions were manifolded. The surveillance commissioners began to act as temporary diplomats while participating in the negotiation of signing up the treaties with foreign countries and interrogating the cases involving with foreign clergymen and religious civilians. Their military missions increased especially during the time of repressing Taiping Rebellion and Nian Army uprising. The surveillance commissioners of civil service were accustomed to leading the army doing battles against the uprisers inside and the foreign invaders outside, and they became commanders. The surveillance commissioners’military talents were taken into consideration as fit government officials. The leap of the military missions to the surveillance commissioners resulted in increasing cases without adjudgement, which crippled their basic roles in charge of the punishment concourse. Some surveillance commissioners became the participators by taking part in the Westernization Movement and the New Policy of The Late Qing Dynasty conducted by the Qing government to deal with the political crisis. The emergence of the trend of the diversification of the surveillance commissioners’temporay missions is the reflection of the social division of the work and the multeity of society, economy and politics. The diversification of the role with temporay missions ran counter to the trend of the development of society in which the specialization of management were required. It was of necessity to transfer the traditional social management mechanism in oder to meet the need of the society with increasing differentiation.The local administrative reform in the New Policy of The Late Qing Dynasty transformed the system of the surveillance commissioners completely, which eliminated a lot of temporary roles of the surveillance commissioners and peeled off the old and new temporary appointed missions, and improved the specialization of the judicial commissioners originating from the surveillance commissioners.It also separated judicature from administration, judicatory administration from judicatory adjudgement, judgement from inspectation and judgement from reconnaissance in terms of laws so that it changed the old provincial judicatory administration in which the judicature mechanism was totally confused into a new one in which the judicial commissioners were the provincial elisor procurators with a clear social role in charge of the laws. The process from the evolution of the duty and roles of the surveillance commissioners and the diversification of the surveillance commissioners with temporay appointed missions to the specialization of the provincial law-officers in the New Policy of The Late Qing Dynasty was a process of judicatory modernization in its essence and also a part of China’s society modernization. With the rapid perdition of the Qing Dynasty, the administrative system of the the provincial law-officers didn’t develop and continue, but the reform of the system design of the surveillance commissioners relative to the juicatory system in the traditional society was an innovation of the provincial judiciary which accorded with the trend of the development of the history due to its reform direction with specialization.The evolution of the roles of the surveillance commissioners in The Late Qing Dynasty resulting from the evolution of the essential social contradictions and reflecting the evolution of the social administrative quomodo have a profound impact on the transformation of China’s society, which promote the advancement of the methods for local public security, the establishment of foreign affairs institutions, the naissance of many new social administrative institutions and impel the political and economic modernizations, especially the modernization of the provincial judicatory in China’s society representing China’s transformation from a traditional society to a modern one.更多还原