清朝治下諸地域の法制史に関する研究状況(<特集>モンゴル学国際シンポジウム)
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概要
- 論文の詳細を見る
The Qing government established individual codes of laws at least nominally to each ethnic nation under its rule though of course the main code was the DaQingluli 大清律例. For example we know Mengguli 蒙古例 for Mongolians, Huijiangzeli 回疆則例 for Uigurians in southern Xinjiang 新疆, Xizangtongzhi 西蔵通制 for Tibetans, Qindingbaqizeli 欽定八旗則例 (or Qindingzhongshuzhengkao 欽定中枢政考 or Qindingbingbuchufenzeli 欽定兵部処分則例) for the members of eight banners including Manchurians, Huiminzhuantiao 回民専条 in the DaQingluli for Huizu (回族 or Huimin 回民) and the DaQingluli itself for general Chinese. But Huijiangzeli and Xizangtongzhi contain almost no penal law in themselves and couldn't be applied to the criminal judgments in southern Xinjiang and Tibet. In China proper they had the administrative and legal hierarchy whose top position was occupied by the emperor himself and lowest positions were occupied by the zhizhou (知州) and zhixian (知県). Important criminal cases had to be reported to the upper offices in this hierarchy necessarily. And DaQingluli was the only effective criminal code here. There was such kind of hierarchy whose top position was occupied by the emperor himself and lowest positions were occupied by the jasag (Banner-head, 旗長) in Mongolia too. And the judgment system was almost same as in the China proper, though the effective criminal codes were Mengguli and DaQingluli. On the other hand, we know only some facts about the judgment system in southern Xinjiang, the outline about the one in the members of eight banners and Huizu, and almost nothing about the one in Tibet. But judging from the system in Mongolia, southern Xinjiang and Huizu, we can accept that DaQingluli was the most superior criminal code in all over the Qing dynasty.
- 島根県立大学の論文