유배형의 시대와 發遣 ― 淸代 형벌제도에서의 역할을 중심으로 ―

Abstract

From the point of view of the punishment system, Qing era was an era of exile. Exile punishments were executed more widely than ever before, from ordinary exile (liuxing), which is one of the five punishments, to military exile (chongjun), which was transformed same as ordinary exile, and penal servitude (tuxing), which served as intra-provincial exile. In addition to that, there was deportation (faqian) established in the Qing dynasty. Deportation was a punishment for sending criminals to remote areas such as the northeast, Xinjiang, and southwest regions to respond to follow-up measures such as forced labor, cultivation, and slavery. It had an aspect different from other exile punishments. In particular, unlike criminals who were exiled to China proper tended to make a living on their own, criminals of deportation had to do their assigned works. I revealed that deportation was being used flexibly and responding to the demands of the era of exile. In this study, I analyzed the nature of the crime that was set to be punished with deportation. Looking at the code of 1680, it is confirmed that there were two functions in deportation, to punish bannerman criminals and to replenish slaves by criminals. However, as it was linked with the change of the situation in the northeast region, only the non-bannerman people were changed to exile to the southwest region. In such a situation, Qing conquered Xinjiang. There was a demand for labor in Xinjiang, and there was also an overabundance of exiles in China proper. Therefore, Xinjiang began to actively used as a new place for settling exiles. However, as in the northeast region in the past, the issue of exiles arose in Xinjiang, and the exiled criminals were sent to southwest again. What can be confirmed from the above process is that, unlike the fixed system of exile in China proper, deportation was used flexibly according to its needs and circumstances. Paradoxically, deportation could be used flexibly because it was not systematized. Military exile and ordinary exile had already settled as punishment according to distance, and there was relatively little room for arbitrariness in this. However, deportation lacked unity in follow-up measures and the place of exile, so there was room for application according to the situation. Internally, deportation was able to distribute the pressure of exiles in China proper, and externally, it was possible to respond to the needs of the border region.