清代新疆八旗绿营司法职能略论

On the Judicial Function of The Eight Banners and the Green Camp in Xinjiang in the Qing Dynasty

清代新疆满蒙诸旗营与绿营共同承担镇抚边疆以及维护社会稳定的职责,由于军府制的长期推行及新疆独特的政治人文环境,八旗绿营在军事职能、经济职能之外,始终还具有和行使一定的政治、法律职能,尤其是绿营的基层组织,在清代新疆司法实践中行使较为广泛的民政司法职能。清末新疆建省,其后新政诸端渐次展开,近代军政警政以及近代司法体制逐步确立,八旗绿营淡出司法场域,新疆司法制度进入到一个新的发展阶段。

In the Qing Dynasty, Manchu and Mongolian Banners and the Green Camps took on the responsibility of guarding the border and maintaining the social stability in Xinjiang. Due to the long-term implementation of the military system and the unique political and human environment of Xinjiang, the banners and the camps performed certain judicial functions In addition to their military and economic functions. The grassroots organizations of the Green Camps, in particular, performed a wider range of civil judicial functions. After the setting up of Xinjiang province,new policies were gradually implemented, and modern military and police administration and modern judicial system were gradually established. The Eight Banners and The Green Camp gradually stepped out of the judicial field.Xinjiang has entered a new stage of development in its judicial system.