官制、语言与司法——清代刑部满汉官权力之消长

Official System,Language,and Judicature:Powers Moving from Manchu to Han Officials on the Board of Punishments in the Qing Dynasty

"满汉复设"是清代官制的突出特色之一,但在刑部这样具有相当特殊性的部门里,满汉官权力的配置及其运作实态如何?对此,由于清廷粉饰遮掩,讳莫如深,令研究者常有资料不足征之憾。本文借助所见史料,从语言和人事政策两个角度试做探讨,粗线条地勾勒出清代刑部满汉官权力消长的大致脉络,展现了从清初满官垄断刑部到晚清出现的所谓"专家掌部"现象的反差。尽管清廷一再重申"国语骑射"等崇满抑汉的民族歧视政策,以期维持统治民族的向心力,但是,伴随着无法阻挡的族群融合及制度文化发展的内在趋势,司法领域内追求审判公平及专业化的潮流,最终还是冲破了种族和语言的藩篱。

Manchu-Han dual position was one of the distinguishing features of the official system in Qing Dynasty.How did Manchu and Han officials allocate powers and how did it operate in the practice of such a special section as the Board of Punishments? Due to the Qing government's whitewash and concealment from mentioning it,researchers often have regrets at the lack of literature for evidence. The present article used historical materials available,from language and personnel policies perspectives, to make a rough sketch showing how powers moved from Manchu to Han officials on the Board of Punishments in the Qing Dynasty and revealing the great contrast between the Manchu officials virtually monopolizing the Board in the early Qing Dynasty and the appearance of so-called Specialists in Charge of the Board phenomenon in the late Qing Dynasty.The article pointed out that the Qing government had repeatedly affirmed ethnic discrimination policies,such as Mandarin and Mounted Archery,which aimed at increasing the status of the Manchu and lowering the Han to strengthen the ruling ethnic group identity and cohesion.However,with the irresistible ethnic integration and intrinsic trends in the development of system and culture,the tides of pursuing fair trial and requiring specialized judicial personnel in judicial field finally broke the fence of ethics and language.