法律、犯罪、社會：清代後期重慶竊盜案件的官員思考模式

Abstract

本文透過「清代同治朝四川巴縣衙門檔案盜竊類」及多種資料，呈現知縣這個國家行政體制下最底層的地方官員在審判時需要考量的問題.為了解決這個問題，本文從法律規範的變動、官員素養的形成、社會現實的反映等三個層面，注意到其中出現的各種一般性與特殊性的因素，進而討論「知縣如何思考」這個問題。 代表國家權力的法律規範，有律、條例、各省專條、省例等不同行政層級對於同一犯罪行為的不同考量；官箴書與公案小說各自反映出官員與民眾心目中的理想官員形象；巴縣知縣則身陷行政與社會之間，巴縣衙門與川東道、重慶府、重慶鎮等行政機關同樣位處重慶城內，雖然審轉的行政成本相對較低，其行政壓力卻相對更重。 同治時期的重慶依然維持著強烈的移民與商業色彩，也有積極運作的各種基層組織，同時還有不少因為戰亂及其遺緒影響下所產生的竊盜行為。從空間的考察，可知重慶城內不僅擁擠，而且存在多重的分區方式，城外則是受群山阻隔的散村，城鄉之間也在嘉陵江與長江兩岸相望。這種空間配置不僅反映在城鄉之間在竊盜手法上的差異，也影響民眾遭遇竊盜時的反應，同時更顯示出重慶做為一個高度都市化與城鄉差距大的社會。 同治時期的巴縣知縣面對著竊盜案件時，心中產生了各種複雜因素之間的角力，選擇以「贓物」為著力點，確實起出贓物，掌握物證，避免誣陷，同時在計算贓物價值之後，嚴格按照審轉程序。州縣自理的竊盜案件，雖然有裁量空間，卻仍未踰越法律規範的範圍。

By using “Dao Qie Lei (Category of theft, 盜竊類)” of Qingdai Tongzhichao Sichuan Baoxian Yamen Dangan (Archive Ba, 清代同治朝四川巴縣衙門檔案) and other relative sources, this dissertation explores what issues a magistrate as the most fundamental official of the administrative bureaucracy should concern at the trail. This dissertation analyzes this through three aspects—the change of laws, the formation of official knowledge, and the reflection of the social realities—to understand the question of how a magistrate thinks by discussing the general and particular situations. This dissertation seeks three primary topics. The first is the change of laws. The legal system includes law, regulation, and provincial regulation to deal with different administrative levels due to the different considerations on the criminal action of theft. The second is the formation of official knowledge. Official handbooks and detective stories each represent what the image of an ideal official is for the officials and ordinaries. The third centers on Baxian magistrates’ dilemma between administrative cohorts and the diverse society. The magistrates of Baxian suffered from a relatively higher pressure because they located at the city of Chongqing with Chuandong Dao, the prefecture of Chongqing, and the garrison of Chongqing, although it was comparatively easier to transfer criminals among them. In addition, the magistrate of Baxian also encountered the influences from the diversity of Chongqing urban at the trail. During the reign of Tongzhi period, Chongqing was featured as an immigrant and commercial society. The fundamental organizations had active effects on local society. Meanwhile, theft existed during the wartime and post-war. Examining the spatial structure, Chongqing was not only crowded but also was framed as multiple areas by different organizations. Outside the urban area, there were villages located among mountainous areas. The city and villages were divided by the Yangzi and Jialing River. These spatial characteristics displayed the differences of theft between urban and countryside, and it also showed the different reactions while people encountered from theft. By focusing on illicit goods, this dissertation investigates on the Baxian magistrates’ struggles during the reign of Tongzhi period because complicated considerations entangled. They had to find out the illicit goods, obtained evidences, avoided framing up, counting the value of spoils, and transferring criminals to other administrative levels based on the severe process. Although these magistrates could play around the judgements on these cases, they still needed to obey the legal system. Therefore, this dissertation argues that magistrates’ trail was influenced by society, legal system, and their knowledge.