清朝法律的重构与国家治理效能的强化

The Reconstruction of Legal System and the Strengthening of National Governance Performance in the Qing Dynasty

乾隆五年《大清律例》颁布后,通过持续二、三十年的频繁增改律例和部院独立编纂则例这两条并行不悖的立法模式,清朝重构了以则例为核心的刑事、民事、行政等法律规范,表明以"增损明季之旧章"的法律体系,逐渐向主要行政机构六部为核心的"部门法"演进。由此极大提升了国家治理的效能,为有效应对因社会结构转型所带来的社会失序状态,保持社会稳定和国家机器的有效运行,乃至使清朝进入"极盛之世",提供了不可或缺的法律保障。在这一过程中,也出现"委重律令"及法律重刑化等诸多问题。

After the promulgation of the Qing Code, the Qing Dynasty reconstructed the criminal, civil and administrative legal norms with the regulations of six ministries as the core, through the frequent addition and revision of laws and the independent compilation of regulations by six ministries in 20 to 30 years.This shows that the old legal system of the Qing Dynasty, which increased or decreased the law of the Ming Dynasty, gradually evolved to the departmental law with the administrative organ as the core. It has improved the e fficiency of national governance, provided an indispensable legal guarantee for ef fectively coping with the social chaos caused by the transformation of social structure, maintaining social stability and the ef fective operation of the state machinery, and even for the Qing Dynasty to enter its heyday. In this process, there are also many negative effects, such as the gradual aggravation of criminal law and legal dependence.