18세기 淸朝의 軍流犯 관리와 新疆으로의 發遣

초록

This study analyzed that managing exiles was a key factor for deciding transition of exile in the 18th century, when military exile degenerated and ‘deportation’ escalated. Furthermore, in this study, it could be revealed that inertia of China's traditional criminal law functioned during transition of exile. Exile is a punishment sending criminals into a place of exile(peisuo), far away from their hometown. Criminals sent into a place of exile could not return their hometown forever. Executing exile costs money, a traffic network for sending criminals, and managing effort for not making criminals escape. Nevertheless, exile had been used widely in China's traditional criminal law for punishing criminals and deterring crime. There were three kinds of exile in Qing dynasty. Liuxing, one of wuxing, was a punishment had settled in Tang dynasty. It sent criminals into a place of exile by decided sentences, 2000li, 2500li, 3000li distance, and made them lead a life at a place of exile forever. Military exile had been an exile sending criminals into weisuo and serving for the military. However, in Qing dynasty, military exile degenerated like liuxing. Criminals who sentenced as military exile were not sent into weisuo, but sent into zhouxian. ‘Deportation’, uprising in Qing dynasty, was a punishment sending criminals into frontier, a northeastern area of the empire or newly acquired area, Xinjiang. After sending criminals, ‘deportation’ made them serve as a slave or carry out their duty. What made transition of exile in Qing dynasty was reduction of weisuo in the 18th Century. Reduction of weisuo, rolled as a place of exile for the military exiles in Ming dynasty, forced military exiles to be sent into zhouxian. This made military exile same as liuxing. Zhouxian, have supervised only liuxing exiles, had to supervise military exiles too from the 18th Century. Liuxing and military exile, both of them were exile for life, so the number of exiles in zhouxian became more and more. Qing tried to manage junliufan safely with various ways. At first, the empire tried to guarantee exiles' living for safety of the place of exile. Second, the empire toughened a law restraining exiles' second conviction. Third, the empire wanted to reduce the number of exiles in the place of the exile. Fourth, the empire limited a place of exile to some place safe and not important. However, these ways had limits because the effect was not continuous and the execution was difficult. Meanwhile, war with Zunghar came to an end. Qing sent criminals into Xinjiang just next year after the conquest. Exiles sent into Xinjiang were usually the people who were young, strong, and committing a mistake at the place of exile. Because they were potential risk factors for local safety, escalating of ‘deportation’ to Xinjiang related to issues of managing exiles. In the transition of exile in the 18th century, it is hard to find an intention of reforming entire criminal law. Qing was consistent in only modifying several problems on the inertia of the traditional criminal law system. Transition of exile in Qing dynasty shows a generous attitude in an execution of a death penalty, and restriction from the ancient times, which made them never think other punishment as a punishment which located in immediately below the death penalty.

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