清代“收留迷失子女律”研究

On the Law of Adopting the Lost People in the Qing Dynasty

收留迷失子女律源于汉唐时期的略人略卖人律,明朝时单独设立,并延续至清。该律条主要惩治收留迷失或在逃之人、冒认良人或他人奴婢为自家奴婢、私自收养四岁以上遗弃儿童、故意遗弃子女且待其成年又试图将其认回,以及出征官员兵丁携带逃失良民子女等犯罪行为。与略人略卖人律相比,收留迷失子女律惩治的人群更加多样,且多激情犯罪,两者在实际的司法案件中存在一定转换的可能。此外,清政府还建立了一整套详细的政务流程和奖惩机制用于解决收留迷失子女此类案件。研究收留迷失子女律,有利于深化对我国古代有关惩治人口犯罪法律体系的认识,可为加强社会主义法治建设提供借鉴。

The law of adopting the lost people originated from the law of trafficking people in the Han and Tang Dynasties,which was established in the Ming Dynasty and continued to the Qing Dynasty.The law was enacted to punish criminal acts such as taking in people who are lost or fugitives,pretending to be others or making a false claim for others’slaves,adopting abandoned children over four years at age,deliberately abandoning children and then reclaiming them as adults,plundering fugitives by conscript officials and soldiers.Compared with the law of adopting the lost people and trafficking people,the law of adopting the lost people punished more diverse groups and had more crimes of passion.There was a certain possibility of conversion between the two in actual judicial cases.In addition,the Qing government established a set of detailed procedures and a reward-punishment mechanism for cases of taking in the lost people.The research on the law of adopting the lost people is conducive to a deeper understanding of China’s ancient legal system against people-related crimes,and provides reference for socialist rule of law.