摘要
佥妻条例被广泛认为是安插军流人犯的第一良法,其与“流囚家属”律之间存在着以例辅律的律例关系。清前期以是否佥妻来区分遣犯的旗、民身份,但这种区分并不完全是为了优待旗人。乾隆年间正式废止佥妻条例,但此后仍有相当规模的佥妻人犯。清中期针对九项遣犯修订的无妻改发之例,使得罪愆与刑罚逐渐错位。有清一代,佥妻所特有的人口迁移属性能最大限度地发挥流犯开垦地亩、充实户役和调节人地矛盾的功效。不过以无罪之妇随有罪之夫跋涉迁徙,佥妻条例的合法性也一直饱受质疑。随着流放刑惩戒权重的下移,以佥妻牵制逃亡的设计思路,已经落后于时代的运行轨迹。佥妻条例的消亡,是流放刑转变为自由刑的一大关键。
The Regulations of Qianqi(佥妻)is regarded as the best way to manage exiled prisoners.In the early period of Qing dynasty,there was a tendency to distinguish the Manchu from the civilian by the Regulations of Qianqi,but this distinction was not entirely out of consideration of favoring the Manchu.The middle of Qing dynasty amended the regulations of the place of exile in prisoners without wives,which made the crime and punishment misplace in the process of judicial trial and execution,and impacted the punishment order of Qing dynasty.The special character of Regulations of Qianqi could exert the function of land reclamation,household registration and the contradiction between man and land to the maximum.The legality of Regulations of Qianqi had long been questioned when an innocent woman migrates with a guilty man.During the reign of Emperor Qianlong,the Regulations of Qianqi was abolished,but there still had quite a number of wives were exiled with prisoner.With the shift of punishment weight to exile,the design of arresting wife to stop husband escape had fallen behind the track of the times,and the disappearance about Regulations of Qianqi is the key to the conversion from exile punishment to free punishment.
出处
《原生态民族文化学刊》
CSSCI
2022年第5期78-88,155,共12页
Journal of Ethnic Culture
关键词
清代
流囚家属律
佥妻条例
军流犯
发遣地调整
Qing Dynasty
family members of exiled prisoners
Regulations of Qianqi
exiled prisoners
exile area adjustment
