「官は官を庇う」か - 淸代後期における地方官の「上控」をめぐる連絡・交渉 -

Abstract

Through analysis of 2 cases from The DAN-XIN Archives (《淡怨檔案》) and 2 cases from Xi Jian QingZhi Fu Wen Dang (《稀见淸知府文檔》), this essay explores the liaison and negotiation about appeal (上L) cases between local authorities and officials during the late Qing dynasty. During the late Qing dynasty, local officials often contacted and negotiated with each other in official letters on the subject of appeal cases, mostly attempts of exchanging information and requests of case closure. This act of contact and negotiation has actually become an integral part of the appeal system. On the other hand, local officials also discussed appeal cases with their peers in personal correspondence. This kind of contact and negotiation does not necessarily lead to corruption or unjust judgment. Yet a verdict based on information obtained from public and private correspondence and negotiations often caused discontent of the litigants and resulted in repeated litigation (缠讼). After examination of the functions of liaison and negotiation of Fen Shou Fen Xun Dao (分守分巡道) and Fa Shen Ju (发审局) when the local authorities judge appeal cases, I find that these two entities, although not initially created for the purpose of liaison and negotiation, had turned into liaison points between provincial officials and local officials during the late Qing dynasty. The frequent correspondence and negotiation between local officials was in fact a result of the appeal system, which was not created as a litigation system serving solely the common people, but an approach employed by the bureaucracy to control judgment pronounced by different officials.