摘要:
The judicial process of "execution on the spot" was always changing during later Qing dynasty. County magistrates, leaders of military camps or even the heads of civil corps could perform summary execution with an after-fact-reporting when suppressing the rebelling of bandits in Xianfeng period (1851-1861). From 1863, a reexamining step from the prefecture level , Fu (府), Zhou (州) or Dao (道), suggested by Mao Hongbin (毛鸿宾) and Guo Songtao (郭嵩焘), had became necessary in the process. Particularly, after the big debate on abolishing the execution on the spot system among the officials in the government at 1882, the reexamining from higher administrative levels after the trial by the county magistrates turned to be more carefully. Criminals tried in the county should be sent to the Fu, Zhou or Dao under escort for the reexamining according to the distance, or should be reheard just there by a committee member dispatched from the province governors. However, the process also turned to be simplified in practice. For evidence, there were still many cases that executions implemented directly after trying by the county magistrates, then rechecking by the Anchasi (按察司) or Tifasi ( 提司法) later, the judicial department of the province, and then approving by the province governors, with excuses for urgent circumstances or being important case
摘要:
There were two hierarchies of local autonomy in the late Qing period,one in cities(府厅州县)and the other in towns(城镇乡),which together constructed two models of different hierarchies of official governance and autonomy,that is, making autonomy as the assistant of official governance in cities and making autonomy and official governance together in towns.The two models were all learnt from the autonomous system in Japan and made changes.As to the execution of the au-tonomy in cities,on one hand,the government got the rights to supervise autonomy from the constitutions of local autonomy, on the other,the autonomous groups were against with the government for seeking local interests,therefore,the official govern-ance and autonomy were often in contradiction.