清代新疆治理与伊犁将军司法权限的盈缩

The Governance of Xinjiang in the Qing Dynasty and the Shrinkage of Judicial Authority of General Ili

清代新疆以伊犁将军为代表的驻防八旗形成了军府体制,清政府把新疆视为藩部,由伊犁将军管理。驻防体系下,伊犁将军拥有最高军事权和最高司法权,司法实践与内地的督、抚体制有差异,司法权限亦不同于内地的驻防将军。札萨克制度和伯克制度的存在,使得新疆又呈现多元化的司法局面。光绪十年(1884),新疆以行省制代替军府制,清政府以内地的司法体系改变了新疆的司法运行方式,全疆纳入内地化、规范化的司法体系中,新疆巡抚治理全疆,伊犁将军的司法权仅限于伊塔地区。伊犁将军司法权限的盈缩,根源于清代中央治理新疆方式的转变和治理体制机制的变化,体现了新疆内地化进程,是国家治理边疆程度加深和方式转变的重要表现。

In the Qing Dynasty,Xinjiang,represented by the General of Ili,formed a military government system by stationed eight banners.The Qing government regarded Xinjiang as a vassal state and managed it by the General of Ili.Under this garrison system,General Ili has the highest military and judicial power,and his judicial practice differs from the supervisory and pacifying system in the mainland,and his judicial authority is also different from that of the garrison generals in the mainland.The existence of the Zasak and Burke systems has led to a diversified judicial situation in Xinjiang.In the tenth year of the Guangxu reign,Xinjiang replaced the military government system with the provincial system,and the Qing government changed the judicial operation mode of Xinjiang with the inland judicial system,integrating the entire Xinjiang into the inland and standardized judicial system.The governor of Xinjiang governs the entire region,and the judicial power of General Ili is limited to the Ita region.The shrinkage of the judicial authority of General Ili was rooted in the transformation of the central government's governance of Xinjiang in the Qing Dynasty and the changes in the governance system and mechanism.It reflected the process of inland Xinjiang and was an important manifestation of the deepening of the country's governance of border areas and the transformation of methods.