順治朝における旗人の法と刑罰 --內閣題本を中心に--

Abstract

Mainly based on legal documents collected in the First Historical Archive of China and Academia Sinica, this paper aims to clarify the transformation of the legal system of the early Qing. The Qing Code 大淸律, which inherits the Chinese legal system, was promulgated soon after Qing conquered the China Proper in 1644, and was finally applied to both the Banner people 旗人--the major subjects of Qing before the conquest, and the Civilian people 民人--mostly the conquered Han people. Nonetheless, the Manchu-style customary legal system that existed before the conquest retained its influence for years. The process of the transformation, especially the crucial Shunzhi reign (1644-1661), had remained unclear until recently. In this paper, I examine the cases of crimes committed by the Banner people in the second half of the Shunzhi reign (1653-1661). These cases happened in different regions of the Qing Empire and were adjudicated by different institutions. I look at how and under what kind of law these criminals were punished, and argue that the region of the China proper, Manchuria, and Mongolia should be considered within one framework. First, in the China proper, most of the ordinary Banner people adjudicated by the Board of Punishment 刑部 or the Three High Court 三法司 were punished under the Qing Code, while those who were adjudicated by other bureaus--mostly workers in the central government and servants of the imperial clan--were punished under the Manchu law. Second, in Mukden region, the criminals were first adjudicated by the local governors under the Manchu law, and probably only the serious cases were reviewed by the Board of Punishment and adjudicated under the Qing Code. Third, in Manchurian frontier area, where the people were newly enrolled into the Banner system, the local customary law was respected. Fourth, in Mongolian region, Banner criminals were adjudicated by Lifanyuan 理藩院 under the Mongolian law, while in some cases, the Board of Punishment would review the cases and apply the Qing Code. I therefore conclude that in the late Shunzhi reign, although the Qing Code were expanded throughout the empire, the Manchu law still applied in the fields that were close to the core of the Qing rulers, and that in different regions of the empire, the local legal systems of the regions--the Qing Code, Manchu law, and the Mongolian law--respectively held sway in the China proper, Manchuria, and Mongolia.