论清代涉藏刑案处理中的“恩威并济”政策

On Temper Justice with Mercy Policy in the Process of Criminal Case

恩威并济是清王朝藏区施政的重要方针,在处理涉藏刑事案件过程中也是如此。在整个清王朝,恩威的投放并非等量齐观,而是随着形势及王朝的统治力而有所侧重,体现出威以明恩,恩以示威,恩威不能并济,恩威不能实行等特点。这与王朝实力强弱不无关系,也受到官僚政治的不良影响。从涉藏刑案处理的整体看,恩威并济对于案件的解决,以及安定民族地方都起到了积极作用。

Temper Justice with Mercy is an important policy on the Administration of Qing dynasty in Tibetan, so it is in the process of criminal cases. In the Qing Dynasty, Mathias was put not equate. They had varied by the situation of the dynasty, which reflect different characteristics such as deterrent for grace, grace for deterrent, grace and deterrent can not both achieve, grace and deterrent can not achieve etc. It was not only influenced by the strength of the Dynasty, but also severely affected by the bureaucracy of Qing dynasty. But on the whole process of the Tibet related criminal case, the policy of ＇ temper justice with mercy＇ has play a positive role. It not only help the judicial process, but also play a security role to stable the Ethnic minority areas.