三流道里表와 淸代의 內地유배

Abstract

In legal history of China, there were three turning points in ostracism and exile punishments. First, the disappearance of spatial ostracism and the rise of social ostracism through corporal punishments. The second is the abolition of corporal punishments, which changed to the method of forced labor and exile. Over time, exiles began to be sent to the frontier areas of the empire, or to the military garrisons. On the other hand, the phenomenon of “exile in China proper” established in the early Qing can be understood as the third point. Instead of locating criminals in specific groups and regions and excluding them from general society, new system settled and managed criminals in prefectures in China proper. The Chart for the Three Exiles, enacted in 1743, was a tool for the spatial distribution of exiles. The difference in penalties of 2,000 li, 2,500 li, and 3,000 li, which had been only nominal regulations after the Tang Code, was reflected in the actual exile administration, and the exile distance became to used as real criterion for designating the place of exile. I tried to clarify the characteristic and the cause of the spatial expansion of the exile in the Qing Dynasty, through the Chart for the Three Exiles. In this article, I first analyzed the structure of the Chart for the Three Exiles and emphasized the expansion and coercion of the designation of criminals based on the objective index of distance. Then, I calculated the expected inflow of exiles in each province and analyzed the effect of the Chart for the Three Exiles. As a result, it was able to confirm that the exiles, which had been concentrated in 7 provinces, were dispersed in 17 provinces. The Chart for the Three Exiles was revised three times after 1743, but the stated purpose at the time of the revision were to reflect the reorganization of administrative districts and to correct errors in exile distance. However, when statistically examine the contents of the revision, it is clear that the revision of the Chart for the Five Military Exiles was actively reflected. In the end, the exile in the Qing era was greatly influenced by military exile, from the idea of ​​sending offenders separately to each prefecture through the chart, to the actual compilation of the Chart for the Three Exiles.