摘要
清代頂凶類案件是命案中審理的難點，該類案件自乾隆朝開始顯著增多，從該類案件的發生區域與數量多寡來看，閩粵等地的械鬥頂凶尤為引人注目。清代律例對頂凶案中受賄頂凶與行賄買凶之犯等不同主體，及頂凶者係案內之人或案外之人等不同情節的懲處規定，經歷了例文與司法實踐相互調適並進而修改的立法過程，大體而言，其立法旨趣逐漸流於寬縱。對於一般類頂凶案件與閩粵等地的械鬥頂凶案件，本文擬從社會與司法等方面剖析其生成機制，藉此展現清代地方政府在案件審理中司法運行實態的某些方面。
Displacing the Murderer in homicide cases was a difficult point in trials during the Qing Dynasty. Displacing the Murderer (Dingxong) refers to a system by which the person who commits the crime does not receive punishment; someone else serves as a substitute and receives the punishment. These types of cases increased gradually from the Qianlong period. Instances of Dingxong were particularly common in armed brawls between two large groups of people, often families and lineage groups in Fujian and Guangdong provinces. The stipulations in the Qing Code were set separately for the different details in these cases. The regulations were also revised constantly based on feedback from legal practice. In general, the result of these modifications for the offence tended to increase leniency. This paper analyzes the social and judicial aspects of Displacing the Murderer cases to reveal the operations for the Qing judicial system at the local level.
關鍵詞
頂凶、械鬥、宰白鴨、清代吏治、生成機制
Displacing the Murderer (Dingxong), Brawl, White duck slaughter, Governance of Officials in the Qing Dynasty
