清代天山南路地区刑事重案的审理——基于道光朝阿克苏吴廪年案的考察

Felony Trials in the Southern Xinjiang Area in the Qing Dynasty:A Study Based on the Case of Wu Linnian in Aksu during the Daoguang Reign

道光二十八年(1848),阿克苏所属萨依里克军台发生一桩命案,在此地开设店铺的内地民人吴廪年被人杀死。阿克苏办事大臣衙门接到报案后进行了现场勘验和审理。案件审讯的结果是,吴廪年是被吴家店铺雇用的伙计热依木所杀。因为一些原因,案件审理拖延,又衍生出诬告情节。阿克苏办事大臣衙门依据《大清律例》,对热依木谋杀吴廪年及吴康年诬告两个案件的涉案者分别量刑拟律。该案审理过程反映出清代天山南路地区司法活动的特点,同时,因本案关涉内地民人和当地少数民族,也为我们研究清代天山南路地区多族群社会司法管理提供了生动的案例。

In 1848,a homicide case occurred in Sayariq,a military post in the Aksu area.The victim Wu Linnian came from Gansu province and ran a hotel in Sayariq.After receiving the report of the killing,the official at Aksu investigated the scene of the crime and found that Wu Linnian had been murdered by Rehim,one of his local employees.For a variety of reasons,the trial was delayed,and the case also involved a false accusation.Eventually,the official at Aksu reached verdicts on the cases of murder and false accusation according to The Legal Code of the Qing Dynasty.This trial reflected the distinct characteristics of judicial procedures in southern Xinjiang in the Qing Dynasty.Furthermore,because of it involved an inland migrant and a local ethnic minority,this trial provides a lively case for studying the judicial administration of the multi-ethnic society of southern Xinjiang in the Qing Dynasty.