雍正朝对蒙古社会秩序的重塑——以喀尔喀蒙古抢劫案件之司法审判为中心  

The Reshaping of Mongolian Area During the Yongzheng Period——Centered on the Judicial Trial of Robbery Cases in Khalkha Mongolia

作　　者：王惠敏 Wang Huimin

机构地区：[1]陕西师范大学中国西部边疆研究院,西安710062

出　　处：《清华大学学报(哲学社会科学版)》2025年第2期130-144,239,240,共17页Journal of Tsinghua University(Philosophy and Social Sciences)

摘　　要：法乃治国重器,雍正朝控制蒙古的一个重要维度就是“法”治边疆,即通过条约规定和新订律例,重塑维护边疆社会秩序稳定的规则意识,从而实现对边疆民族地区的有效治理。雍正初年中俄签订《恰克图条约》,不仅为两国边境贸易开辟了渠道,而且对贸易秩序和违规处罚均做了清晰界定。清廷对汉商绕路与俄国人、蒙古人进行走私贸易处以“将其货物入官”的严厉处罚,这成为蒙古地方衙门增收的途径之一。同时,为保障办理军需和开展贸易的内地商人之安全,康熙朝对蒙古人抢劫案之法律审判已有明确规定。然而,随着内地商人赴蒙古贸易增多,喀尔喀人抢劫汉商案件频发。为遏制这一态势,雍正朝通过新订《蒙古律例》对此类案件的司法审判进行改革,加大惩处力度,甚至使罪犯的家庭分崩离析。在涉及喀尔喀人抢劫俄国商人或牧民案例的审判时,为了不酿成外交事端,清廷除了将案犯严加治罪外,还会将判决结果和受害事主关切的重要问题详细知会俄国枢密院官员。借此,足以管窥雍正皇帝亟欲彰显国家意志、重整边疆社会秩序的政治决断和雷霆手段。Law was an important tool for governing a country, and an important dimension of the control of Mongolia by the Yongzheng period of the Qing Dynasty made use of law to rule the border areas, which reshaped the awareness of maintaining social order and stability in the frontier areas through treaty provisions and new laws, thereby achieving effective governance of ethnic minority in border areas. In the early years of Emperor Yongzheng's reign, China and Russia signed the Treaty of Kyakhta, which not only opened up channels for border trade between the two countries, but also clearly defined the trade order and penalties for violations. The Qing court imposed severe penalties on Han merchants for smuggling trade with Russians or Mongolian people by confiscating their goods to local government(Yamen). This also became one of the ways for Mongolian local yamen to increase revenue. At the same time, in order to ensure the safety of mainland merchants handling military supplies and conducting trade, the Kangxi era had clear provisions for the legal trial of Mongolian robbery cases. However, with the increase of mainland merchants' trade in Mongolia, cases of Khalkha people robbery against the Han merchants had occurred frequently. In order to curb this trend, the Yongzheng reign reformed the judicial trial of such cases through the new Mongolian Laws and Regulations, increased the severity of punishment, and even caused the families of criminals to disintegrate. In the trial of cases involving Khalkha people robbery against Russian merchants and herders, in order to avoid diplomatic disputes, the Qing court not only severely punished the perpetrators, but also informed officials of the Russian Privy Council in detail of the verdict and important issues of concern to the victims. Therefore, it could be fully seen that Emperor Yongzheng was eager to demonstrate the national will and maintain the political determination of reorganizing social order of the frontier region with his political decisions and thunder-like tact

关 键 词：雍正朝 喀尔喀蒙古 抢劫案件 司法审判 社会秩序的重塑 

分 类 号：K249.3[历史地理—历史学]