英文摘要 |
Although it doesn't have the systematic legal procedure, the litigation in Qing Dynasty has its own regulation in practice. Through the mutual proof between the litigation file and official manual, a series of procedures such as sue, register, summon and investigate, respond and debate, reconcile and adjudge, appeal over can be reconstructed. The litigation in Qing Dynasty's county focuses on legal instrument, which can be taken as 'no legal instrument, no litigation'. What's more, the obvious interactive structures presented by the legal instrument and procedure reveal rich communication rationality. Different, litigation section has different legal instrument while the legal instruments in different counties have distinct commonality, which shows a high normative resulted from the clerical tradition of Chinese monarchy. From the view of nature, the legal instrument and procedure in Qing Dynasty belong to a pre- modern govern clerical technology, however, the clerical tradition may be the best option for judicature in Qing Dynasty before the age of modern rule of law. |