清朝对东归土尔扈特等部设盟前的司法管理

Judicial Management of the Torghut Tribes before Qing Dynasty’s Setting up League Banner in Torghut

土尔扈特等部东归后,乾隆帝认为可以迅速实现编旗设盟,因而下令在照管大臣进驻前,部落各类案件由各部王公按部落旧法办理,而照管大臣抵达后,则按清朝律例处理。但编旗设盟未能很快完成,而在设盟前的司法管理也需要有个过渡阶段,于是原有的部落旧法就成为一种较好的选择。情节较重之案,则更多按清朝国家法办理,但二者之间的界线又不明显。清朝虽然对东归土尔扈特等部的各类脱逃、偷盗等案件依部落旧法从重从严处理,但未能改变部落此类案件频发的状况,于是授意部落王公制定相关法规来处理部落案件、约束部众。乾隆四十年(1775),清朝完成对东归土尔扈特等部的编旗设盟,每旗各颁给《蒙古律例》一部,作为处理部落案件的最高准则,部落法规至此被取代。

After the return of Torghut tribe,Emperor Qianlong thought that setting up of Banner could be quickly realized. He also ordered that before the responsible minister was stationed,all kinds of disputes should be handled by the princes of each tribes following their traditional tribal law,while after the responsible minister arrived on the posts,issues should be dealt with according to the laws of the Qing Dynasty. However,the league and banner establishment was not fulfilled in a timely manner,and the judicial management also required a transitional stage,thus the old tribal law was a better option. The severe cases,however,were addressed more according to the Qing Dynasty law,but the line in between the two situations was not very clear. Although the Qing Dynasty handled all kinds of severe cases of including fleeing and theft according to the old tribal law,it failed to control the crime rate,thus the imperial government ordered princes to set up adaptive laws and regulations to handle criminal cases and restrict the misdeeds of the public. In the 40 th years during Qianlong’s reign( 1775),the Qing Dynasty completed the league banner establishment for Torghut tribe,each banner was issued a Mongolian Law,which became the highest regulation for handling tribal cases,and thus the former tribal law becoming invalid onwards.