A Study On The Jiaqian System In Homicide Cases Involving Mourning Apparel System In Qing Dynasty

This article mainly examines the Jiaqian(??)System in homicide cases involving Mourning Apparel System from twoarrangement of legal regulations and judicial practice.Jiaqian,generally refers to the appendix of this chapter submitted to the emperor by the central ministries and courts in the Qing Dynasty.In the early period of the Qianlong Dynasty,they began to amend the regulations on Jiaqian,and finally finalized it as a judicial system that mainly aimed at the pitiable of murder cases involving Mourning Apparel System based on the criminals of the virtuous class.Jiaqian System exists in the criminal trial in the Qing Dynasty,it is a special judicial procedure for applying for a reduction in excusable death penalty cases.Generally in the specific implementation,it is necessary to go through the four legal procedures of the governor ruled in accordance with the law and apply for the Jiaqian,the Ministry of Criminal Affairs to approve the Jiaqian,the cabinet with a vote to Jiaqian,and the emperor's decision.Under the background that the criminal policy in the early period of Qianlong Dynasty changed from lenient to strict,the first rule of Jiaqian was enacted in the thirteenth year of Qianlong(1748)to replace the old law of"Liangqing"(??).The essence is to further centralize the judicial discretion of Fuzhi cases from the local governors to the central government,which is one of the manifestations of the strengthening of imperial power and centralization in the Qing Dynasty.Based on"The Qing code","The Qing Huidian"of five Dynasties,the"Xing An Hui Lan"series and other historical documents of the Qing Dynasty,This paper summarize the compilation,transfer,continuation and deletion of the 18 regulations which have been retained until the end of Qing Dynasty.Based on the regulations and judicial practices of each dynasty,the development process of the Qing Dynasty Jiaqian system is divided into the following four stages:the initial period of the Qianlong Dynasty system,the period of development from Jiaqing to Daoguang,the period of shrinking norms during the Xianfeng Dynasty and the decline and fall of Tongzhi Dynasty to Xuantong Dynasty.This article combines the case of signatures contained in the Qing Dynasty criminal subject matter,the "Xing An Hui Lan " series and other Qing documents,and discusses the strict restrictions and emotional measurement of Jiaqian in the pitiable of murder cases involving Mourning Apparel System.Whether the Jiaqian is clamped or not,as well as the handling after the Jiaqian is clamped,can reproduce the legal logic reasoning and judicial judgment skills of law enforcement officials.The emergence of the Jiaqian system in the Qing Dynasty had its profound social roots.It was influenced by the traditional Chinese thought of "cautious punishment".Under the background of the increasingly harsh and severe laws of the Qing Dynasty,it became the choice of the interests of judicial officials and the methods of being an official.Taking the Jiaqian system as an example to analyze the characteristics of the judicial system in the Qing Dynasty,we can see: First of all,judging by law is the prerequisite of the Jiaqian system.It is the most important feature of the Qing Dynasty criminal justice represented by homicide cases,and its essence is the fundamental need of national rule.Secondly,the Jiaqian system is one of the institutionalized manifestations of the characteristics of "equity justice" or "reasonable justice" in the Qing Dynasty.Third,in the folder-sign system,there are also various judicial power games and balances surrounding the autocratic imperial power,and various central ministries.The interaction between the Jiaqian system and the society of the Qing Dynasty is full of inherent tension,which is mainly manifested in: From the perspective of reason,the Jiaqian system is to consider the plot of "worthy of mercy" for the crimes of the humble criminals,that is in conflict with Confucian hierarchy.From a practical point of view,while the Jiaqian system provides an opportunity to strive for "benevolence outside the law," it also makes the service of the law may be more impacted.Since the birth of the Jiaqian system,there has always been an internal trend of expansion in judicial practice.This is not only closely related to the rule of man under the feudal state system,but also the release of the internal tension of the Jiaqian system.Therefore,the Qing government is very cautious about the Jiaqian system,and must control it within the permissible range,and eliminate such potential contradictions invisible.Judging from the effectiveness of implementation,the Jiaqian system does not guarantee the "ruling according to law" of the local judicial system.In order to prove self-evidence and avoid refusal by superiors,it has instead spawned more technical means of tailoring facts and empathizing.The legal form of the folder-sign system is not perfect and has a certain degree of arbitrariness in its implementation,which will also destroy the existing formal law to a certain extent.However,it is undeniable that the emergence of the Jiaqian system does provide a reasonable and legal complaint channel and system guarantee for examining the elements of reason in criminal crimes,reflecting the importance of legislators to human life and the cautious attitude towards criminal cases.The expression of reason is also worthy of reference in contemporary China's judicial system.