清代律例规定的官方治安责任

Official Responsibility for Social Security Stipulated in Law in the Qing Dynasty

清代律例中规定文武官弁有"务将所属地方实力稽查"的责任,而"捕役兵丁均有缉0盗贼之责",在法律上明确规定维护社会治安是文武官弁及捕役兵丁的专责。从官方维持社会治安的角度看,王朝的所有机构都应该有维持社会治安的责任,参与到维持社会治安体系中来,然而,在清王朝律例所规定的主要责任者是防范与缉捕的汛兵与捕役,以及指挥他们的文武官弁。要有效地防范和打击各种犯罪,维护王朝的社会秩序,保障王朝的安全,就必须具有高素质、高水平,敬业尽职的官方机构与人员,但统治者没有从根本上关注这些官方机构与人员如何达到高素质、高水平和如何敬业尽职,律例规定与社会发展脱节,其弊端也是明显的。

Stipulated in the law of the Qing Dynasty, it is incumbent upon the civil and military officials to be engaged in investigation into the local conditions in the range of their territory, while it is incumbent upon the captors and the soldiers to arrest the thieves and robbers. There is a clear provision in the law that they both bear specific responsibility for maintaining the security of society. From the perspective of the maintenance of law and social order on the part of the official government, the agencies in the dynasty should all undertake such responsibilities and participate in maintaining its own system. However, it is stated in the law of Qing dynasty that the major obligation falls upon the sentries and soldiers in charge of national defense and arrestment and upon their commander the civil and military officials. Furthermore, there must be government agencies and personnel with high quality, high competence, dedication and devotion if they want to effectively defend and crack down upon a variety of criminalities so as to maintain the social order and security. However, the dominators did not fundamentally show concern about these questions. The stipulations in the law come apart with the social development, whose drawbacks are obvious.