清代旗人民人法律地位的异同——以命案量刑为中心的考察

The Similarities and Differences in the Legal Status of Bannermen and Commoners in the Qing Dynasty: A Study Based on the Sentencing of Homicide Cases

清朝二元体制的基本特征是以满洲人为主体的八旗制度统摄旗人,以汉人为主体的州县制度管理民人。旗人与民人,构成社会人群的基本分野。前人言及旗民法律关系,多强调其不平等方面。本文则通过对刑科题本有关旗民命案的考察,旨在说明:旗人与民人在命案审理方面基本享有平等法律地位。这具体体现在六个方面:命案量刑标准、"宽严相济"原则,"存留养亲"律、"恩诏"减刑、"良贱相殴"律、命案审理程序。上述问题的澄清,有助于说明旗人在什么场合下享有特权,又在什么场合下不享有特权,从而更加全面地评估清代旗民(满汉)的法律关系。

The basic feature of the binary government of the Qing dynasty was the Eight Banner organization of Bannerman(with Manchu as the main component), and the provincial system of commoners(with Han as the main component). The status of Bannerman and commoners comprised a basic social division. Previous research often has focused on the unequal legal status between the two, such as the judicial privileges of Bannermen to"change the penalty" for certain offenses. This article examines reports of capital crimes in routine memorials to the Board of Punishments that involved Bannermen and commoners, to show that the two social groups enjoyed basic equal legal status in homicide trials. The article examines six aspects adjudication: sentencing standards, the principle of"leniency and severity," reprieves to care for parents, commutations under imperial pardons, the statute governing affrays between commoners and"mean people," and homicide trial procedures. The author believes that examining these issues will help elucidate the conditions under which Manchus enjoyed legal privileges, and, moreover, provide the basis for a comprehensive assessment of the legal relationship between bannermen and commoners(Manchu and Han) in the Qing dynasty.