清代“盗园陵树木”律例论析

Abstract

On the basis of inheriting the laws of Tang Dynasty and Ming Dynasty, the law of Qing Dynasty stipulated the crime and punishment of stealing trees in imperial mausoleum and other people's tombs, but there were significant changes. The main performance is that, through a series of regulations, the punishment of the crime of stealing trees from the imperial mausoleum was further aggravated, and the actions of stealing ginseng, beating livestock, digging mountains for soil and stone were severely punished; In addition to the general provisions on stealing trees from other people's tombs, the special provisions on cutting and selling trees from grandfather's tombs and other things by posterity without permission, as well as the punishment measures for buying trees without permission, are added; In addition to punishing the criminals themselves, the officials involved should be held responsible. It embodies the purpose of the national law to comprehensively protect the trees and folk tombs. Under the attention of the court and the heavy pressure of the law, the government strictly investigated and punished the criminals who stole the trees in the garden and mausoleum. For the purpose of maintaining the ethical relationship within the clan, the clan law severely cracked down on the illegal cutting of grave trees.