清前期海疆治理立法观念的演变:以“江洋大盗例”为中心

The Evolution of Legislative Concepts for Coastal Governance in the Early Qing Dynasty:A Study of Jiangyang Dadao Regulation

清朝作为一个拥有广阔海域和海洋利益的海洋大国,为了保护海疆安全和维持海洋商渔业的发展,对海盗进行了严厉地打击和法律制裁。康熙五十年(1711),清廷通过罗七案,颁布事例确立了海盗判决的法律依据,雍正朝该例成为“常法”,乾隆朝则进一步加强执行,最终形成被称为“江洋大盗例”的专门法规。这标志着中国古代海盗判决开启专法时代。该例的制定及适用,详细地展示了清前期与海疆治理相关的法条从无到有的历程,凸显出清朝对海洋利益的高度关注和保护。该法规也反映清朝在不同历史背景和外部环境下,如何通过立法参与海疆治理,专注于发展海洋商渔业,并保障海上人群的利益。“江洋大盗例”不仅是应对海盗威胁的重要法律手段,还是中国古代史上首次制定的专门针对海盗判决的法规,代表传统国家治理思路在法律制度层面上试图实现从“重陆轻海”向“陆海兼顾”的转变。

As a maritime empire boasting vast expanses of ocean and significant maritime interests,the Qing Dynasty was resolute in safeguarding its coastal security and fostering the growth of marine commerce and fishing industries.To combat piracy and enforce legal measures,the Qing court took rigorous action.In the fiftieth year of the Kangxi Emperor’s reign(1711),the Qing government established a legal precedent for piracy judgment through the Luoqi case.During the reign of Emperor Yongzheng,this regulation became a national customary law,and it was further reinforced during the era of Emperor Qianlong.Ultimately,this practice culminated in the formation of a specialized regulation known as the Jiangyang Dadao Regulation,signalling the advent of a dedicated legal framework for addressing ancient Chinese maritime piracy.The formulation and implementation of this regulation intricately illustrated the process of how relevant legal provisions concerning maritime territory management evolved during the early Qing Dynasty.It significantly underscored the Qing Dynasty’s profound concern for and protection of maritime interests.This regulation also reflected the Qing Dynasty’s endeavours across diverse historical contexts and external circumstances to strengthen maritime governance by legislation,with a particular focus on advancing marine commerce and fishing industries and ensuring the welfare of seafaring communities.The Jiangyang Dadao Regulation not only served as a pivotal legal mechanism in countering the menace of piracy but also marked the first instance in Chinese history when a specialized law was enacted to address piracy-related judgments.In doing so,it symbolized a transformation in the traditional approach to governance,as the nation sought to shift from a paradigm that favoured land over the sea to one that embraced a more balanced consideration of both realms in the legal framework.