清代新疆建省后刑事司法统一化研究

The Unification of Criminal Justice in Xinjiang Province after Its Establishment

清代新疆建省后,伯克制被废除,吐鲁番王府改土归流,建立了统一的道府州县制度。中国古代实行行政兼理司法制度,随着统一行政机构的设置,建省后新疆司法审级及管辖也得到统一。不论民事、刑事案件都要由州县初审,徒刑以上刑案州县初审后需逐级审转,直至有权机关作出裁判。从档案资料中可以看出,新疆建省后刑事司法从立案、侦查、初审到审转程序都依据清律规范程序办理,刑案拟律也都依据《大清律例》。清代新疆建省后,刑事司法由军府制下不同司法裁判模式和法律依据向统一化方向发展。

After the establishment of Xinjiang province in the Qing Dynasty,a unified system of tiered bureaucracy was established after the Berg System was abolished and the bureaucratization of native officers was implemented in Turpan Palace.In ancient China,the administrative and judicial system was practiced.With the establishment of unified administrative organs,the judicial trial and jurisdiction in Xinjiang were also unified.Both civil and criminal cases were tried by the prefecture and county.Cases of imprisonment or above were firstly tried by the prefecture and county and it was up to the competent authorities to make a judgment.It can be seen from the archival data that,after the establishment of Xinjiang province,the criminal justice procedures from case filing,investigation,preliminary trial to trial and transfer were all conducted in accordance with the qing Standard procedures,and the law of criminal case drafting was also in accordance with the Qing Statute.The criminal justice developed to a unified jurisdiction from different judicial modes and legal bases under the Military Government System.