淸代 流配犯의 實相과 地方의 管理策 -四川省 巴縣의 사례를 중심으로-
The Reality of Criminals in Exile in the Mid-Qing Era : Focusing on the Case of the Ba County
0
조회
0
다운로드
2
인용
0
참고문헌
키워드
초록
For a long time in Chinese history, controlling the floating population was a task undertaken to guarantee the flow of tax revenues, secure the labor force, and control the populace. However, unlike controlling the floating population, there was a type of exile with the combined aim of punishing criminals and reinforcing the frontier. However, exiles during the Qing era were not forced to perform labor, nor were they excluded from the general public. Therefore, from the government’s perspective, the exiles were pitiful subjects who lived painful days away from their hometowns, and were simultaneously potential offenders who could commit crimes again. The 18th century was a time when military exiles’ place was fixed in general counties and the problem of managing them in the local areas emerged. Examining local officials’ comments about exiles at that time, it can be seen that there was concern that criminals could escape from the place of exile or engage in crime. At the root of this was the idea that “the exile is a person who has committed a felony and has a bad nature” and “the exile causes trouble due to hardships in life.” The two are not unrelated, but they led to different solutions, heavy punishment for recidivism or escape and livelihood assistance for exiles. However, in either way, the premise was to maintain the then existing punishment system. Unless it was fundamentally reformed, it was inevitable that exiles would accumulate in local areas; however, the central government ignored the side effects of managing exiles, or could not reform it, and delegated it to the provinces. From the standpoint of officials who needed to manage exiles, they were those that the emperor had spared from death, so they could not be left alone to die. At the same time, escape and recidivism by exiles were directly linked to the fact that they were disciplined to not manage exiles. Under these circumstances, officials had to take measures to control them to avoid punishment, and sometimes left that management to long-standing exiles. Although there is no historical material that explains why, it is thought that long-standing exiles were less likely to go against the instructions of the government than others and would not bother the general public if problems occurred. The cases in the Ba County Archives show the conditions of exiles—their livelihood, poverty, and sometimes, escape. Under these circumstances, local officials took measures to stabilize their rule and ensure that exiles did not avoid punishment, and thus sometimes left the duty of managing criminals to long-standing exiles. Unless the old punishment system was fundamentally reformed, exiles would inevitably accumulate in local areas; however, the central government did not reform the system, and instead delegated it to each province.
Abstract
For a long time in Chinese history, controlling the floating population was a task undertaken to guarantee the flow of tax revenues, secure the labor force, and control the populace. However, unlike controlling the floating population, there was a type of exile with the combined aim of punishing criminals and reinforcing the frontier. However, exiles during the Qing era were not forced to perform labor, nor were they excluded from the general public. Therefore, from the government’s perspective, the exiles were pitiful subjects who lived painful days away from their hometowns, and were simultaneously potential offenders who could commit crimes again. The 18th century was a time when military exiles’ place was fixed in general counties and the problem of managing them in the local areas emerged. Examining local officials’ comments about exiles at that time, it can be seen that there was concern that criminals could escape from the place of exile or engage in crime. At the root of this was the idea that “the exile is a person who has committed a felony and has a bad nature” and “the exile causes trouble due to hardships in life.” The two are not unrelated, but they led to different solutions, heavy punishment for recidivism or escape and livelihood assistance for exiles. However, in either way, the premise was to maintain the then existing punishment system. Unless it was fundamentally reformed, it was inevitable that exiles would accumulate in local areas; however, the central government ignored the side effects of managing exiles, or could not reform it, and delegated it to the provinces. From the standpoint of officials who needed to manage exiles, they were those that the emperor had spared from death, so they could not be left alone to die. At the same time, escape and recidivism by exiles were directly linked to the fact that they were disciplined to not manage exiles. Under these circumstances, officials had to take measures to control them to avoid punishment, and sometimes left that management to long-standing exiles. Although there is no historical material that explains why, it is thought that long-standing exiles were less likely to go against the instructions of the government than others and would not bother the general public if problems occurred. The cases in the Ba County Archives show the conditions of exiles—their livelihood, poverty, and sometimes, escape. Under these circumstances, local officials took measures to stabilize their rule and ensure that exiles did not avoid punishment, and thus sometimes left the duty of managing criminals to long-standing exiles. Unless the old punishment system was fundamentally reformed, exiles would inevitably accumulate in local areas; however, the central government did not reform the system, and instead delegated it to each province.
참고문헌 (32)
- "商君書", ~
- "吏部處分則例", ~
- "乾隆朝山東憲規", ~
- "大淸會典", ~
- "大淸律例", ~
- "大淸律例", ~
- "三流道里表", ~
- "皇朝文獻通考", ~
- 王又槐, "刑錢必覽", ~
- 陸燿, "切問齋集", ~
- 全士潮, "駁案新編", ~
- 陳盛韶, "問俗錄", ~
- 賀長齡, "皇朝經世文編" (1964), 世界書局
- 國立故宮博物院, "宮中檔雍正朝奏摺", ~ (1980)
- 四川省檔案館, "淸代巴縣檔案匯編 (乾隆巻)" (1991), 檔案出版社
- 哈恩忠, "乾隆朝管理軍流遣犯史料 (上)", 歷史檔案, (4) (2003)
- 哈恩忠, "乾隆朝管理軍流遣犯史料 (下)", 歷史檔案, (1) (2004)
- 滋賀秀三, "淸代中國の法と裁判" (1984), 創文社
- 滋賀秀三, "中國法制史論集" (2003), 創文社
- 太田出, "中國近世の罪と罰: 犯罪・警察・監獄の社會史" (2015), 名古屋大學出版會
- 王雲紅, "淸代流放制度硏究" (2013), 人民出版社
- Joanna Waley-Cohen, "Exile in Mid-Qing China" (1991), Yale University Press
- 김한밝, "18세기 淸朝의 軍流犯 관리와 新疆으로의 發遣", 명청사연구, (45), pp.245~284 (2016), 명청사학회[DOI]
- 김한밝, "淸代 配所 유배범의 석방과 自新의 援用", 동양사학연구, (150), pp.339~375 (2020), 동양사학회[DOI]
- 홍성화, "국가와 사회단체의 사이에서— 청대 『파현당안』에 관한 해외 연구 동향 —", 사림, (72), pp.347~391 (2020), 수선사학회
- 吳吉遠, "試論淸代州縣政府管理在配人犯的職能", 遼寧大學學報, 152 (1998)
- 田仲一成, "15・6世紀を中心とする江南地方劇の變質について(1)", 東洋文化硏究所紀要, 60 (1973)
- キム, "淸代充軍の“流刑化”と內地軍流犯の過剩問題", 東洋史硏究, 76(4) (2018)
- キム, "淸代の「里程配流」: 五軍道里表の改訂をめぐって", 史林, 102(5) (2019)
- キム, "淸代徒刑の變質と“里程”の導入", 法制史硏究, 70 (2021)
- 毛里和子, "“動く中國”と“變わらない中國”", アジア硏究, 55 (2009)
- D. J. MacGowan, "On the Banishment of Criminals in China", Journal of the North China Branch of the Royal Asiatic Society, 3 (1859)
