清代充軍刑研究
發(fā)布時間：2018-11-02 12:02
【摘要】：充軍,即把罪犯發(fā)入軍伍充當(dāng)軍人以此作為懲罰方式,在我國古代起源較早,但充軍之名是在元代前后才正式出現(xiàn),在明代發(fā)展達到高峰,清承明制,把明代的充軍照搬過來,制定了比較規(guī)范的五軍制度。本文以基本史料為基礎(chǔ),全面論述清代充軍刑,把明清充軍做出對比,以求更加清晰清代充軍的變化。并且從中找出制度的合理性方面,指出對邊疆發(fā)展的作用。 正文分為四個部分。 第一部分,清及其之前充軍刑的歷史發(fā)展。通過介紹清代以前充軍的發(fā)展,了解充軍的發(fā)展脈絡(luò)。明確充軍刑在清代存在的原因,既是歷史的慣性,也是由于清代仍存在降死一等重刑問題。從總體上把握流刑及其閏刑在大清律例中的比重,了解清代對適用充軍的重視,然后選取具有代表性的四個時期的《大清律例》,觀察充軍在清代的發(fā)展變化。《軍衛(wèi)道里表》和《五軍道里表》的制定是清代充軍發(fā)展的重大成果,改變了以往選擇充軍地點的隨意性,明確了對軍犯適用的等級和道里,更加合理化。 第二部分,清代充軍刑的判決。從兩個角度了解充軍在清代的適用,一是充軍適用的行為廣泛且都是嚴(yán)重犯罪。二是充軍適用的主體比較復(fù)雜,封建社會等級森嚴(yán),因此對不同階層的人犯適用就有差別,這部分主要介紹各種主體的適用情況。同時論述了對處充軍之刑的人犯審判的過程。 第三部分,清代充軍刑的執(zhí)行。詳細(xì)闡述了充軍的僉解、服刑的相關(guān)規(guī)定和司法實踐情況。清代對軍犯的僉發(fā)起解規(guī)定的比較詳細(xì),在起解的期限、軍犯的驗明正身、解送官員的選擇、解送中需要遵守的程序、僉妻制度、停遣等多方面都做出規(guī)定。 軍犯要在軍籍中加以注冊。在清代由于衛(wèi)所逐漸被裁撤,軍犯一般都發(fā)配到各地州縣,直接由地方上管理。對軍犯的安插管理沒有統(tǒng)一規(guī)劃,各省多是因地制宜。清代對軍犯脫逃的懲罰非常嚴(yán)厲。軍犯主要通過赦免而獲得返回原籍或減輕刑罰的機會,清朝歷代皇帝在位時期都頒行過赦典,赦典數(shù)量很多,但有嚴(yán)格的執(zhí)行規(guī)定。 第四部分,明清充軍刑的差異。首先通過詳述、對比明清兩代的兵制,理解明清充軍刑存在差異的根源。其次從種類、編發(fā)、贖罪等幾個方面具體作出對比。充軍的種類可以從刑名和適用兩個標(biāo)準(zhǔn)進行劃分。明代的充軍刑名可分為終身充軍和永遠(yuǎn)充軍。清代一開始沿用明代舊制,直到雍正乾隆年間才確立了自己的刑名,同時將永遠(yuǎn)充軍廢除。明代的適用有三種形式,而清代以直接規(guī)定為主。指出在清代充軍主要是作為刑名來用,刑名間等級關(guān)系明確。 明清編發(fā)的不同主要體現(xiàn)在編發(fā)地上,明代確定編發(fā)地的形式是律例的直接規(guī)定和臨時定衛(wèi)。清代充軍分為五個等級,有二千里、二千五百里、三千里、四千里四種距離。同時對編發(fā)機構(gòu)、起解期限的不同也做了簡要論述。 明清充軍在贖罪、赦免、減等方面存在較大區(qū)別。明代一般不能贖罪、減等。明代有關(guān)赦免的規(guī)定是一個由嚴(yán)到寬,又變嚴(yán)的過程。清代的赦典數(shù)量繁多并且逐漸放寬。 清代充軍的適用具有懲罰犯罪、治邊、實邊、戍邊的多重目的。雖然存在不完善的地方,但是充軍仍然將懲治犯罪與充實邊疆較好的結(jié)合起來,對邊疆經(jīng)濟、文化的發(fā)展具有促進的作用。
[Abstract]:As a punishment way, the armed forces, that is, sent the criminals into the military and the military as a punishment way, originated earlier in the ancient China, but the name of the army was officially appeared before and after the Yuan Dynasty. In the Ming Dynasty, the development of the Ming Dynasty reached the peak, and the Ming Dynasty and the Ming Dynasty were copied from the Ming Dynasty. A five-army system of comparative norms has been formulated. On the basis of the basic historical materials, this paper comprehensively discusses the military punishment in the Qing Dynasty and compares the Ming and Qing troops with a view to more clear the change of the army in the Qing Dynasty. And find out the rationality of the system, point out the role of the frontier development. The text is divided into four Part. First part, Qing and ex-military punishment History development of the Qing Dynasty. Through the introduction of the development of the army before the Qing Dynasty, we understand the army. The reason of the existence of military punishment in the Qing Dynasty is not only the inertia of history, but also because of the death of the Qing Dynasty in the Qing Dynasty. On the whole, we should grasp the gravity of the flow penalty and its punishment in the statutes of the Qing Dynasty, understand the importance attached to the application of the army in the Qing Dynasty, and then choose the representative four times of the Qing and Qing decrees. The development change of the Qing Dynasty is the major achievement of the development of the army in the Qing Dynasty. more rationalized. the second part, The judgment of the military punishment in the Qing Dynasty. From the two angles, we understand the application of the army in the Qing Dynasty, and one is the behavior of the army. It is a serious crime. Second, the main subject of the charge of the army is complicated and the feudal society is hierarchical, so there is a difference in the application of different classes, which is mainly introduced in this part. The application of the main body is also discussed, and the punishment of the army is discussed at the same time. The process of a trial. Third. Part, the execution of the military punishment in the Qing Dynasty. Relevant regulations and judicial practice situation. In the Qing Dynasty, there was a detailed and detailed investigation on the military offense in the Qing Dynasty, in terms of the time limit of the lifting, the verification of the army's crime, the choice of the delivery officer, the procedure to be followed in the delivery, the polygamy system, Provision is made in many aspects, such as parking and repatriation. Army criminals are to be registered in the army. In the Qing Dynasty, because Wei has been abolished gradually, the army criminals are generally distributed. To every state county, it is directly managed by the local people. The placement management of the army is not There are unified planning, and all provinces are tailored to local conditions. In the Qing Dynasty, the punishment for the desertion of the army was very severe. The army made the opportunity to return to his country of origin or to alleviate the punishment mainly through the pardon, and the emperors of the Qing Dynasty had been handed over to the Qing Dynasty in the reign of the Qing Dynasty. There are many, but there are strict enforcement regulations The fourth part is the difference between the Ming and Qing dynasties. Firstly, by detailed description, it is compared with Ming and Qing dynasties. Military system, understand the root cause of the difference between the Ming and Qing Dynasties. Secondly, from kind. To make concrete comparisons of several aspects, such as hair, hair, atonement, etc. Class can be divided from criminal name and applicable two standards. In the Qing Dynasty, the Qing Dynasty began to follow the old system of the Ming Dynasty, and it was only true in the reign of Emperor Yongzheng. He set up his own criminal name, and will always be abolished by the army. Shi's adaptation in the Ming Dynasty In the Qing Dynasty, it was pointed out that in the Qing Dynasty, the army mainly In the Ming and Qing dynasties, the differences between the Ming and Qing dynasties are mainly reflected in the editing of the ground and the Ming Dynasty. The form of the land of the Qing Dynasty is the direct regulation of the statutes and the temporary guard. The Qing Dynasty was divided into five levels, two of them. Thousands of miles, 2,500 miles, three thousand li, four thousand li four distances. At the same time The paper also briefly discusses the different time limit of the editing and issuing organization. In the Ming and Qing Dynasties, the army of the Ming and Qing dynasties was redeemed and pardoned. In the Ming Dynasty, there is a big difference between them. The Ming Dynasty generally cannot make atonement, subtraction and so on. The provisions of the amnesty in the Ming Dynasty are strict to wide In the Qing Dynasty, the number of classics was varied and gradually relaxed. The application of the generation army has the multiple purposes of punishing crime, treating side, solid side and side edge. Although there are imperfect places, the charge army will punish the crime and enrich the frontier.
【學(xué)位授予單位】：安徽大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D929;D924.13
本文編號：2305955
[Abstract]:As a punishment way, the armed forces, that is, sent the criminals into the military and the military as a punishment way, originated earlier in the ancient China, but the name of the army was officially appeared before and after the Yuan Dynasty. In the Ming Dynasty, the development of the Ming Dynasty reached the peak, and the Ming Dynasty and the Ming Dynasty were copied from the Ming Dynasty. A five-army system of comparative norms has been formulated. On the basis of the basic historical materials, this paper comprehensively discusses the military punishment in the Qing Dynasty and compares the Ming and Qing troops with a view to more clear the change of the army in the Qing Dynasty. And find out the rationality of the system, point out the role of the frontier development. The text is divided into four Part. First part, Qing and ex-military punishment History development of the Qing Dynasty. Through the introduction of the development of the army before the Qing Dynasty, we understand the army. The reason of the existence of military punishment in the Qing Dynasty is not only the inertia of history, but also because of the death of the Qing Dynasty in the Qing Dynasty. On the whole, we should grasp the gravity of the flow penalty and its punishment in the statutes of the Qing Dynasty, understand the importance attached to the application of the army in the Qing Dynasty, and then choose the representative four times of the Qing and Qing decrees. The development change of the Qing Dynasty is the major achievement of the development of the army in the Qing Dynasty. more rationalized. the second part, The judgment of the military punishment in the Qing Dynasty. From the two angles, we understand the application of the army in the Qing Dynasty, and one is the behavior of the army. It is a serious crime. Second, the main subject of the charge of the army is complicated and the feudal society is hierarchical, so there is a difference in the application of different classes, which is mainly introduced in this part. The application of the main body is also discussed, and the punishment of the army is discussed at the same time. The process of a trial. Third. Part, the execution of the military punishment in the Qing Dynasty. Relevant regulations and judicial practice situation. In the Qing Dynasty, there was a detailed and detailed investigation on the military offense in the Qing Dynasty, in terms of the time limit of the lifting, the verification of the army's crime, the choice of the delivery officer, the procedure to be followed in the delivery, the polygamy system, Provision is made in many aspects, such as parking and repatriation. Army criminals are to be registered in the army. In the Qing Dynasty, because Wei has been abolished gradually, the army criminals are generally distributed. To every state county, it is directly managed by the local people. The placement management of the army is not There are unified planning, and all provinces are tailored to local conditions. In the Qing Dynasty, the punishment for the desertion of the army was very severe. The army made the opportunity to return to his country of origin or to alleviate the punishment mainly through the pardon, and the emperors of the Qing Dynasty had been handed over to the Qing Dynasty in the reign of the Qing Dynasty. There are many, but there are strict enforcement regulations The fourth part is the difference between the Ming and Qing dynasties. Firstly, by detailed description, it is compared with Ming and Qing dynasties. Military system, understand the root cause of the difference between the Ming and Qing Dynasties. Secondly, from kind. To make concrete comparisons of several aspects, such as hair, hair, atonement, etc. Class can be divided from criminal name and applicable two standards. In the Qing Dynasty, the Qing Dynasty began to follow the old system of the Ming Dynasty, and it was only true in the reign of Emperor Yongzheng. He set up his own criminal name, and will always be abolished by the army. Shi's adaptation in the Ming Dynasty In the Qing Dynasty, it was pointed out that in the Qing Dynasty, the army mainly In the Ming and Qing dynasties, the differences between the Ming and Qing dynasties are mainly reflected in the editing of the ground and the Ming Dynasty. The form of the land of the Qing Dynasty is the direct regulation of the statutes and the temporary guard. The Qing Dynasty was divided into five levels, two of them. Thousands of miles, 2,500 miles, three thousand li, four thousand li four distances. At the same time The paper also briefly discusses the different time limit of the editing and issuing organization. In the Ming and Qing Dynasties, the army of the Ming and Qing dynasties was redeemed and pardoned. In the Ming Dynasty, there is a big difference between them. The Ming Dynasty generally cannot make atonement, subtraction and so on. The provisions of the amnesty in the Ming Dynasty are strict to wide In the Qing Dynasty, the number of classics was varied and gradually relaxed. The application of the generation army has the multiple purposes of punishing crime, treating side, solid side and side edge. Although there are imperfect places, the charge army will punish the crime and enrich the frontier.
【學(xué)位授予單位】：安徽大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D929;D924.13
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