<論文>新疆における露清間の国際集会裁判の運用 --帝国と民族の境界をこえて--

Abstract

This paper aims to analyze the conflict resolution system established in Xinjiang between the Qing and Russian empires after the conclusion of the St. Petersburg Treaty (1881). The "International Assembly Court" (Mezhdunarodnyi s''ezd in Russian ; hereinafter IAC) was introduced to resolve legal cases brought by subjects of both empires, and the system relied not on imperial laws, but on indigenous customary laws, especially those of Kazakh nomads and Islamic Sharia law. It is true that the IAC (1886-1915) originated from a similar institution in Central Asia under Russian rule. However, the IAC in Xinjiang always required the ereje (detailed regulations), which embodied the adat, Kazakh nomads' customary laws. Moreover, the cases heard in the IAC sometimes included litigation brought by the non-Muslim population. In this context, the Russo-Qing IAC discussed here was different from assembly courts of the Turkestan and Steppe regions. We have to pay attention to the fact that the IAC relied on not only nomadic customary laws, but also the Islamic Sharia. This enabled Muslims other than Kazakh Muslims (originally included in the system) like the Taranchi and Dungan (or Hui Muslims) to also approach the IAC for resolution of disputes. In addition to the IAC, the court within the consulate also tried to entrust the legal procedures to the prevalent customary laws. This possibly reflected Russia's plan to reduce the burden of the Russian consulates in Xinjiang and secure justice through local customs. From the Qing empire's perspective, using the logic of huili (Islamic manner) or fashi (taking an oath) that were regulated by the ereje, rather than imposing its own legislation, was expected to result in a massive resolution of undecided legal cases, including those involving non-Muslim ethnic groups in Xinjiang. Thus, as the Qing archives indicate, the Qing administration continued to have an optimistic view of the IAC system. Both empires could operate assembly meetings regularly and get results to some extent, but the Russian authorities found the IAC system more arduous.