清代中期以前中朝宗藩关系下的司法运作之研究

On the Judicial Operation under the Suzerain-Vassal Relationships Between Ch'ing Dynasty and Korea During the Earlier and Middle Period in the Ch'ing Dynasty

清代中前期,清朝和朝鲜宗藩关系下的司法运作之演变暗含着两层内容:其一,该司法运作政策的演变暗示着清朝在藩部属国政策上的某些变革,即对藩部实行着统一政策,而对于属国仍实行传统的宗藩政策;其二,该政策的演变同时也体现出清朝对属国的司法运作既不同于近代国际关系上两个平行主体之间的运作,也不同于近代殖民政策下属国的司法运作的特点,它是古代东亚世界里一项特殊的司法体制,既体现出宗藩体制下清方对属国的不平等性,又体现出封建时代天下观下清廷对自身司法权利认识上的缺位。本文通过对清代中前期中朝宗藩关系下司法运作演变的探讨,对这一传统的政治体制进行研究,从中揭示出这一体制所反映出的法律内涵。

During the earlier and middle period in the Ch＇ing dynasty, the judicial operation under the Suzerain-Vassal relationships between Ch＇ing Dynasty and Korea implied two layers contents. First, this judicial operation policy evolution suggested a certain transformations in the Suzerain-Vassal system in the Ch＇ing Dynasty. Second, this policy changes simultaneously manifested such characteristic as following： the vassal state judicial operation during the Ch＇ing Dynasty was different either to two parallelled main body judicial operation in the modern international relations or to the colonial policy about the Suzerain-Vassal judicial operation under the modern times, which means that it was an ancient special judicial system in the East Asia world. In one side, it manifested the unfair relationships between Suzerain and Vassal; in other side it also manifested the Ch＇ing dynasty＇s understanding vacancy to its judicial right under the world view during the feudal period. This article, through the research about the judicial operation under the Suzerain-Vassal relationships between Ch＇ing Dynasty and Korea during the earlier and middle period in the Ch＇ing dynasty, studies the traditional Suzerain-Vassal Relationships politics and promulgates the legal system connotation which this system reflected.