元代行政訴訟と裁判文書--『元典章』附鈔案牘「都省通例」を素材として

Abstract

The only remaining copy of the Dayuan shengzheng guochao dianzhang 大元聖政國朝典章 owned by the National Palace Museum at Taibei, contains a handwritten document at its ending pages. This document, entitled Dusheng tongli, was a manuscript copy of official archive which originally was an order of provincial government of Jiangzhe 江浙行省. The Dusheng tongli consists of several archives that were made in the processes of three lawsuits in 17 years against a clerk Dai Bixian 戴必顯, who followed an official career in Jiankang prefecture 建康路. These lawsuits all had the character of administrative litigation judged by the censors. Although the censors did not often have lawsuit case in their charge, as for administrative litigation which involved any local governments or officers they started lawsuit when they suspected injustice or accepted accusations. As local magistrates did, censors got confession from the guilty officer or clerk and delivered judgment or an administrative order. When censors communicated to the local governments in charge, they used a descending order form called anzha 案劄.