乾隆朝云南巡抚图尔炳阿舞弊案考述--兼论《大清律例》的惩贪作用

An Review on Both the Fraud Case of Yunnan Governor Tuerbingsa in the Qianlong Dynasty and the Corruption Punishment Effect of The Criminal Laws of the Qing Dynasty

对于乾隆十六年(1751)发生于滇省的永善县亏空案及后续引发云南巡抚图尔炳阿舞弊案的处理过程及结果显示:《大清律例》是清代皇权控制地方官员的有力工具,是国家暴力机器的重要组成部分,但在具体的惩贪行为中往往是失效的,这与清代皇权凌驾于法律之上有直接的联系。

This article takes the deficit case of Yongshan County in Yunnan Province Year Sixteen of Qianlong(1751)and the subsequent fraud case of Yunnan governor Tuerbing’a as an example,and summarizes the provisions on punishment of corruption in The Criminal Laws of the Qing Dynasty.It also makes a brief analysis of the relationship between imperial power and the law,and explores the actual punishment of corruption in The Criminal Laws of the Qing Dynasty.On the basis of case analysis,this article finally forms the following viewpoints.The Criminal Laws of the Qing Dynasty was a powerful tool for the imperial power to control local officials in the Qing Dynasty.It was an important part of the state’s violent machinery,but it was often ineffective in specific corruption punishments,because imperial power was above the law at that time.