跨域、情殺與法秩序──乾隆時期臺灣邊區的法律與社會問題

本文透過乾隆時期三樁漢人與熟番之間以及熟番與熟番之間的情殺命案，用以分析臺灣邊區社會族群間情愛衝突所造成社會治安問題與司法審判適用的難題。三個案行為人均從不同面向試圖避罪，或試圖以財務私和、或誤導辦案方向。顯示清代司法對於該區統治之確實落實，已經達到足以威嚇人民之效果，以致犯罪行為人知道國法難容，而意圖設法脫罪。從三案審判過程清楚反映清代初期審判案件，重視證據原則，即證人之供、被告之招與物證。判決結果也可看出兼具國家法律之實踐和警訓、教化與治理之效果。所有犯罪行為人均從犯罪輕重、首從等角度予以衡酌量刑。「婦人」犯罪亦比照反應傳統漢人價值之法律設計予以懲處。然而國家法律與熟番本身的習慣，因為文化差異，使得整個司法審理過程，是否能夠達到「事理相同」與「情罪相符」是令人懷疑的，這或許正反映熟番在清國家統治的內化與認同的難題。

This study analyzes the problems of social security issues and application of judicial trial for the results of love conflicts among cross ethnic groups in the cross Taiwan frontier. The parties of the three cases attempted from several ways to avoid being convicted, to privately reconcile with money, or to mislead the direction of handling the case. This also showed the implement of rule of law was really enforced in that area under Qing Dynasty's judicial system, and the effect of intimidation was enough for people to obey the law. The criminals knew that the state law was hard to be tolerated and they intended to escape from guilty. The three cases of trial process clearly revealed the trial procedure in early Qing Dynasty, which attached to the principle of evidence- the witness of confession, the defendants’ words, and the evidence. The results of the judgement could also be seen as the effect of practice of national laws, police training, enlightenment, and governance. All criminals were sentenced and punished from the viewpoint of crime, principal or accomplice. The legal design and punishment for “women” crime also reflected the value of Han Chinese Due to the difference of national law and Shu Fan customary law, it is questionable whether the cultural differences could achieve “affair and ration are alike” and “the crime being adapt to the punishment” in the process of judicial proceedings. This may reflect the difficulty of internalization and identity for Shu- Fan under Qing's ruling.