清朝中期蒙古地区的内地移民与蒙古例条文的修订——以嘉庆朝重印《蒙古律例》后附“增订条文”为中心

The Migrants from the Inner Provinces and Reform of Mongolian Statutes in the Mid Qing Dynasty:The Example of the Additional Articles in Meng Gu Lü Li Reprinted in the Jiaqing Period of Qing Dynasty

蒙古例是清廷为外藩蒙古制定的特别法,其条文的制定和修改主要针对蒙古地区的社会环境。随着内地民人大量进入蒙地,"封禁"政策下蒙古人、民人相对隔离的生活状态逐渐被打破。在《理藩院则例》告成之前,为了解决基层司法审判的急需,清廷在嘉庆朝重印了《蒙古律例》,并在正文之后增入了部分乾隆五十四年以后制定的条文。在这些"增订条文"中,有数条的制定都与内地移民密切相关。通过对这些条文的制定过程进行研究,可以发现:在乾隆朝后期至嘉庆朝,进入蒙地的民人已经成为影响蒙古例修订的重要因素。

Mongolian Statutes were special laws that the Qing Government promulgated for the Mongols.The enactment and amendment of these articles were based on the social circumstances of the Mongolian Region.When large numbers of migrants from the inner provinces came into the Mongolian Region,the segregation of Mongols and non-Bannermen gradually broke down.Before the Lifanyuan Statutes were finally compiled,Meng Gu Lü Li were reprinted to meet the needs of grassroots judicial practice.There were twenty-three articles enacted after 1789 in the appendix.The enactment of some of these provision in the appendix affected were closely related to the influx of migrants to Mongolia.This shows that migration had become one of the important factors that influenced the reform of Mongolian Statutes in the mid Qing Dynasty.