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写诗与读律:清代刑部官员的法律素养
Officials’ Legal Accomplishments in the Ministry of Punishments in the Qing Dynasty
  
中文关键词:  清代;刑部官员;律学素养;司法制度;官场惯例
英文关键词:the Qing dynasty, officials in the Ministry of Punishments, legal accomplishments, juridical system, officialdom convention
项目:国家社会科学基金重大项目“出土简帛四古本《老子》综合研究”(15ZDB006)的阶段性成果
作者单位
徐忠明 中山大学 
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中文摘要:
      中国法律史学界普遍认为,清代刑部出现了专业化的趋势,刑部官员具有较高的律学素养。但也有学者通过考察斌良及其《抱冲斋诗集》、科举首重诗艺、士人追求“清雅”品味之后认为,清代刑部官员因耽于写诗、宴饮诸事而对研读律例不感兴趣,以致律学素养普遍低劣。这种观点值得商榷。其实,斌良及其诗作只是特殊样本,不能说明普遍现象;科举和士习,只能影响却难以支配刑部官员的为官方式和读律态度。因此,写诗、宴游与读律可以并行不悖。另一方面,在审转程序与司法责任的约束下,刑部官员须有较高的律学素养,方能胜任司法工作;由于官场运作惯例的影响,即便堂官们“画黑稿”也不能证明刑部官员的律学素养普遍低劣。据此,刑部官员具有较高甚至精湛的律学素养。
英文摘要:
      It is generally acknowledged in the field of Chinese legal history that the professional trend was formed in the Ministry of Punishments in the Qing dynasty, and officials in the Ministry of Punishments possessed high legal accomplishments. However, some scholars studied Binliang and his Poetry Collection of Baochongzhai, as well as the imperial examination system, and held that officials’ legal accomplishments in the Ministry of Punishments in the Qing dynasty could not be overestimated. With the exception of legal experts, most officials in the Ministry of Punishments tended to pay little attention to law due to the overwhelming importance of civil service examination. The paper intends to argue that in the Qing dynasty legal experts had high professional capabilities even though they were intrigued by poetry, gathering and travel. Only with high legal accomplishments were they eligible for juridical work.
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