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本文以现存清代南部县正堂诉讼档案为基础,以涉及婚姻关系的案件为主要研究范围,以晚清四川南部县为例,试图对晚清四川知县的诉讼断案基本依据做一探究。文章并结合樊增祥著《樊山政书》中所关涉案件,对本文所涉及的清代南部县讼案的审断标准做一对比和界说。文章重点考寨了诉讼断案中两种主要的依据——“律例”与“情理”在知县审断案件中的运用以及二者作为断案依据的相互关系。
Based on the existing archives of Zhengtang County in Southern County of Qing Dynasty, this paper mainly deals with cases involving marital relations. Taking Nanbu County in Sichuan Province in the late Qing Dynasty as an example, this paper attempts to make a study on the basic basis for the litigation case in the magistrate of Sichuan in late Qing Dynasty. The article combines Fan Zengxiang’s “Fan Shan Zheng Shu” case to make a comparison and definition of the judgment standards of the litigation cases in Southern County of the Qing Dynasty involved in this article. The article mainly focuses on the two main bases of the case lawsuit, the application of “law ” and “” “rationality ” in the judgment of the magistrate ’s jurisdiction and the interrelationship between the two as the basis of adjudication.