清代犯罪存留养亲制度之结构与理念新探

On the Structure and Ideas of the System whereby Commutation or Suspension of Penalties was Granted to Some Convicted Criminals so as to Take Care Their Old or Sick Parents in Qing Dynasty

清代犯罪存留养亲制度在沿袭明律之规定的基础上,又产生了与前代不尽相同的一系列事例和条例,由此在留养适用之主体资格和罪刑标准的沿革中使自身结构得到进一步完善。从清代犯罪存留养亲制度蕴含的理念来看,主要体现为强化作为家庭与政治伦理一体化的"孝道"精神、稳定宗族关系和宗族制度及实现当事人之间的利益平衡,进而达到巩固统治的目的。

The system whereby commutation or suspension of penalties was granted to some convicted criminals so as to take care their old or sick parents in Qing Dynasty inherited from the Ming Code provisions, developing a series of sub-statues different from the ones in previous dynasties. Thus, the qualification of subject and the criteria of crime and punishment related to the application of this system had been more clear and definite. In the progress of the system improved, it generated the functions for perpetuating the ancestral sacrifices. The system involved three types of ideas. One is that the spirits of filial piety mixed with the family ethics and political ethics had been strengthened. Another is that the system and relationship of patriarchal lineage could be stable. The third one is attaining the aim to balance the interests of litigants.