清代充军刑研究

发布时间：2018-11-02 12:02

【摘要】：充军,即把罪犯发入军伍充当军人以此作为惩罚方式,在我国古代起源较早,但充军之名是在元代前后才正式出现,在明代发展达到高峰,清承明制,把明代的充军照搬过来,制定了比较规范的五军制度。本文以基本史料为基础,全面论述清代充军刑,把明清充军做出对比,以求更加清晰清代充军的变化。并且从中找出制度的合理性方面,指出对边疆发展的作用。正文分为四个部分。第一部分,清及其之前充军刑的历史发展。通过介绍清代以前充军的发展,了解充军的发展脉络。明确充军刑在清代存在的原因,既是历史的惯性,也是由于清代仍存在降死一等重刑问题。从总体上把握流刑及其闰刑在大清律例中的比重,了解清代对适用充军的重视,然后选取具有代表性的四个时期的《大清律例》,观察充军在清代的发展变化。《军卫道里表》和《五军道里表》的制定是清代充军发展的重大成果,改变了以往选择充军地点的随意性,明确了对军犯适用的等级和道里,更加合理化。第二部分,清代充军刑的判决。从两个角度了解充军在清代的适用,一是充军适用的行为广泛且都是严重犯罪。二是充军适用的主体比较复杂,封建社会等级森严,因此对不同阶层的人犯适用就有差别,这部分主要介绍各种主体的适用情况。同时论述了对处充军之刑的人犯审判的过程。第三部分,清代充军刑的执行。详细阐述了充军的佥解、服刑的相关规定和司法实践情况。清代对军犯的佥发起解规定的比较详细,在起解的期限、军犯的验明正身、解送官员的选择、解送中需要遵守的程序、佥妻制度、停遣等多方面都做出规定。军犯要在军籍中加以注册。在清代由于卫所逐渐被裁撤,军犯一般都发配到各地州县,直接由地方上管理。对军犯的安插管理没有统一规划,各省多是因地制宜。清代对军犯脱逃的惩罚非常严厉。军犯主要通过赦免而获得返回原籍或减轻刑罚的机会,清朝历代皇帝在位时期都颁行过赦典,赦典数量很多,但有严格的执行规定。第四部分,明清充军刑的差异。首先通过详述、对比明清两代的兵制,理解明清充军刑存在差异的根源。其次从种类、编发、赎罪等几个方面具体作出对比。充军的种类可以从刑名和适用两个标准进行划分。明代的充军刑名可分为终身充军和永远充军。清代一开始沿用明代旧制,直到雍正乾隆年间才确立了自己的刑名,同时将永远充军废除。明代的适用有三种形式,而清代以直接规定为主。指出在清代充军主要是作为刑名来用,刑名间等级关系明确。明清编发的不同主要体现在编发地上,明代确定编发地的形式是律例的直接规定和临时定卫。清代充军分为五个等级,有二千里、二千五百里、三千里、四千里四种距离。同时对编发机构、起解期限的不同也做了简要论述。明清充军在赎罪、赦免、减等方面存在较大区别。明代一般不能赎罪、减等。明代有关赦免的规定是一个由严到宽,又变严的过程。清代的赦典数量繁多并且逐渐放宽。清代充军的适用具有惩罚犯罪、治边、实边、戍边的多重目的。虽然存在不完善的地方,但是充军仍然将惩治犯罪与充实边疆较好的结合起来,对边疆经济、文化的发展具有促进的作用。
[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.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D929;D924.13

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