形散义聚:清代留养资送例生成、表达、适用的图式与理路

Form and Meaning Cohesion:The Schema and Rationale behind the Generation,Expression,and Application of the Case of Retention and Support in Qing Dynasty

留养资送作为清代安抚受灾流民的重要举措,通过议定程序被纳入律例体系,并以简约概括的方式记载于《大清律例》律后附例与《大清会典》之中。留养资送例适用中会因时势的不同而通融调整,官民对此例适用中的问题与效果也有不同的认知与体验。留养资送例的生成、表达及适用方式具有形散义聚的特征,其生成是依据流移事件的情境和部院职掌的划分而拟定;其表达仅概括列出核心例意而未罗列枝节要求;其适用方式依实际情形而通融调整,以安辑流民与恢复秩序为至善目的。留养资送例的实际效果既受清廷对事例所作的劝导性规范之定位的影响,也受清代复杂的流民情势及中央地方分权治理模式的制约。

As an important measure to appease the disaster-stricken refugees in the Qing Dynasty,the practice of retention and support was incorporated into the law system through the negotiated procedure,and was summarized in a concise manner,which was recorded in the"Qing Dynasty Law"and the"Qing Dynasty Code".The application of the law is subject to adjustments according to different times,and the government and people have different perceptions and experience on the problems and effects of the application of this law.The generation,expression and application of the case have the characteristics of being scattered in form but unified in meaning.The generation is based on the situation of the migration and the division of the departments.Its expression only summarizes the core example and does not list the detail requirements.The way of its application is adjusted according to the situation,and the best purpose is to secure the refugees and restore order.The actual effect of the case is not only affected by the Qing court's persuasive normative positioning of the case,but also restricted by the complicated situation of refugees and the decentralized governance model of the central and local governments in the Qing Dynasty.