华北水利水电大学学报（社会科学版）

清代盗决河防罪的立法继承了唐、宋、明以来的有关规定,又有不少创新之处,如对毁坏官修河防的不同地段,第一次规定了不同的量刑标准;关于盗决运河补给水源地湖岸的规定更为详细,根据盗决情节和损失大小详细规定了量刑标准;不仅对盗决河防当事人实施严厉的处罚,而且对相关官员也有严厉的处罚等等。这些规定在司法实践中也得到了认真执行,一是按律严惩当事人,二是对于行政不作为或防守不严导致河防漫溢、决口的官员以行政、经济或刑事处罚,三是在特殊情况下上下级就案情和量刑反复辩驳,下令重审,四是盗决河防罪有时也作为其他罪行处罚的参照。清代盗决河防罪的立法和司法实践承前启后,在水利法制史上具有重要的地位。

Building upon the relevant regulations in dynasties of Tang,Song and Ming,innovations have been made on the enactment of legislation in Qing Dynasty to address vandalism acts of river dykes as damaging,or breaching for personal gains,including:as to different places where government-constructed dykes are vandalized,different sentencing criteria are established for the first time;more detailed regulations are formulated for acts that canal dykes are breached to channel water to source lakes and sentencing criteria are established according to the circumstances of crime and losses;penalties are to be imposed not only to the concerned parties,but also to the concerned officials,and so on.These stipulations,carefully implemented in their judicatory practice,are as the following: Severely punish those who committed such a crime,according to the law;punish those officials who were not responsible for their work and led to the overflow and breachs of flood-prevention works,administratively,ecomomically and criminally;high-ups and subordinates who were in charge of the cases argued over the details of the cases and the standards of the determination of punishment time and again;regard the punishment of such a crime as a consult and follow suit sometimes when punishing other crimes.The legislation of crimes of excavating flood-prevention works in the Qing Dynasty,has been playing a significant role in the later generations.Therefore,this legislation and its judicatory practice occupies a very important status in the history of flood-prevention legislation.