淸代 配所 유배범의 석방과 自新의 援用

초록

Traditionally, in the Chinese penal system, the ideal of offenders rehabilitation was not reflected in actual punishment. Rather than the view that punishment would lead rehabilitate criminals, the view that punishment would block the possibility of rehabilitation was prevalent. For example, even in the amnesty, the emperor clarified that he would open the way for rehabilitation by releasing criminals. However, unlike the relationship between the rehabilitation and the punishment that had existed for a long time, there were proposals for releasing a criminal after a certain period of time if he was rehabilitated. This study analyzes the context and intention of these proposals, and shows one aspect of the penal system in the Qing dynasty by focusing on the amnesty. Unlike the Ming dynasty, the exile punishments of Qing dynasty were actually executed, and the prisoners were sent to the common counties, so it was closely related to local security. Moreover, as the number of prisoners has been increasing with the increase of the population, the problem of the management of prisoners in the place of exile has inevitably been a political issue. Local officials wanted to control the number of criminals who arrived at the place of exile by releasing them. However, it was not easy to overturn the traditional legal system or set a new exile term, so Qianlong Emperor tried to solve the problem of excessive number of criminals by giving a mercy to criminals in the place of exile for 10 years. The lists of criminals in the place of exile, identified in the Ba County Archives (巴縣檔案) help to measure the actual effect of the amnesty. It shows that the release of the prisoners, who had been stable for 10 years, did not do enough to relieve their excessiveness. This seems to be the reason why the criteria of the amnesty changed from 10 years to 3 years in the place of exile after Jiaqing period. And there were other amnesties for commuting exile. Such frequent pardons have resulted in shortening the actual exile terms of each criminal. The difference between exile punishment in Qing dynasty, the era of exile, was set by the exile distance. However, by frequently returning criminals in the name of rehabilitation, the difference in sentences was changing to the time in the place of exile. An exile term that came into the traditional Chinese penal system was establishing the foundation for setting a prison term even before the introduction of modern criminal law.

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