略论清朝对客民的法律调控措施

“客民”就是战争与人口消长的必然结果。与“客民”伴生的,是一系列对清朝社会发展影响甚巨的政治、经济、社会、法律问题。清朝调处客民问题的法律措施主要有：准予客民异地入藉,给予垦荒客民以农资借贷支持,给予垦荒客民税收优待,将所垦土地授予客民“永为已业”。它们主要以皇帝谕令、地方章程等法律形式出现,明显呈现出阶段性,对客民流向性进行了有效的引导,但对客民流量的后期失控缺乏预见与应对,未能有效协调土客关系。

The Measures to Control and Adjust the Laws for the Migrants in the Qing Dynasty

The appearance of migrants is the inevitable result of war and population expansion and shrinking. Going along with this social phenomenon, there were a series of issues, related to politics, economy, society and legislation that greatly affected the development of the Qing Dynasty. The main legal measures at that time to solve the problems of the migrants were as follows ： to allow them to register in other land, give them the supports to be eligible to loan of agricultural assets and tax preferential treatments, and grant them the land to be reclaimed by themselves all the time. All of these came out as the emperors＇orders, local charters, etc. in different periods and was effective to guide the migrants. Nevertheless, the Qing Dynasty could not adjust the relationship between the migrants and the native people successfully, because of the lack of prediction and appropriate treatment to the number of the migrants in the late Qing Dynasty.