試論道光朝回民杜文秀京控案

京控是清朝的一種特別訴訟程序。清朝規定訴訟需由下而上，自州縣到省，越級則為越訴。如控訴者越過地方州、縣、府、道、省各級司法機關，至京城部院（都察院、步軍統領衙門、通政使司等衙門）上控，即謂之京控。清朝內地回民與外藩回部身份不同，與漢民一樣編戶籍於州縣，觸犯刑律卻時常被論以重典，屬於官府重要防範對象。杜文秀京控為清朝影響最大的回民京控案件。道光年間，雲南保山縣漢回械鬥，地方官員互相迴護並偏袒漢民，效法一般民人京控成了最後自救的方式。朝廷受理案件後，由雲貴總督林則徐奉旨審斷，其「不問回漢，止分良莠」的公平處置，使回民的委屈暫時得到伸張。但一指之癰實為全身皆病，該案披露了清朝邊區地方州縣吏治的弊病，及隱藏於社會底層的族群歧視與偏見，是研究清朝京控案件的典範之一。本文揚棄所謂「民族壓迫」的史觀，藉助臺北故宮典藏之軍機處檔與文獻梳理案件始末，探討清朝邊區地方的社會、民族與法制問題，希冀能對前人研究有所補益。

關鍵字

京控；雲南回民；杜文秀；林則徐

並列摘要

Jing Kong was a special litigation procedure in Qing dynasty. According to Qing laws, litigations should be handled by Zhou, Xian and Provincial Governments step by step. Should the petitioner skip any step, this kind of action would have been called Yue Su. On contrast, should the petitioner skip any level of the judicial organs of local Zhou, Xian, Dao, or Provincial governments, and appeal directly to Bu Yuan in Beijing, it would have been named as Jing Kong. Different from Hui people of Wai Fan, Hui people of inner provinces were registered in Zhou Xian, and the government kept an eye on this group of people. When in violation of criminal law, they would be more heavily punished than the Hanese. The Jing Kong case of Du Wenxiu was one of the most important made by Hui people in Qing dynasty. During Daoguang period, several fights took place between Hanese and Hui in Boashan County, Yunnan province, and local officials sided with the Hanese. Due to the injustice of addressing the turmoil by the local officials, the Hui people there had no choice but to seek Jing Kong. When the central government accepted the case, the emperor sent Lin Zexu, Governor of Yunnan-Guizhou to handle it. On the basis of the principle ”Distinciton between good and evil, no distinction between Hanese and Hui,” Lin Zexu dealt with the case impartially and the grievances of the Hui people were temporally addressed. However, the degenerated local governance, and the ethnic discrimination embedded in the local society were revealed with the going on of this case. On the basis of archives of Jun Ji Chu and other original archives of Taipei National Palace Museum, this article gives up the historiography of ethnic oppression, and discusses the social, ethnic, legal problems of border area in Qing dynasty from a new perspective.