Researching The Legal System Of Qing Dynasty In The Period Before Entering Shanhaiguan By Analyzing The Shengjing Original File In Ministry Of Penalty

The legal system construction of qing dynasty has got more achievements than its former dynasties,thelegal system of qing dynasty has improved perfectly in the middle and later periodsof the qing dynasty,but the legal system in the early period especiallybefore entering Shanhaiguan hasplayed a key role in the legal system construction of the qing dynasty,in a word, the qing danasty’s legal system could not improved without the foundation that laid in the period before entering Shanhaiguan.Although the legal system in the period before entering Shanhaiguan is unsound, the content is still relatively rich. In the Substantive law, the civil law, administrative law, economic law and criminal law have been taking shape. In the Litigation, the law systeme in the period before entering Shanhaiguan has formed the right and the way of litigation clearly. In the Trail,the legal system has formed the trial department and the way of trial clearly. The legal system in the period before entering Shanhaiguan has had its own characteristics of the age. The legal system in the period before entering Shanhaiguan has had an important historical position and reference both in the early period and entire period of the qing dynasty.In this paper, taking shengjing original file in ministry of penalty as the breakthrough point, the content is divided into three parts to analyze the legal system of the qing dynasty in the period before entering Shanhaiguan:The first part, introducing the shengjing original file in the ministry of penalty mainly, including the contents, the type of cases and the historicalvalue of the shengjing original file in the ministry of penalty.The second part, analyzning the the legal system that has been recorded in the shengjing original file in the ministry of penalty mainly, including the substantive law, the content and form of litigation and the way of trial.The third part, analyzning the features of the legal system that has been reflected in the shengjing original file in the ministry of penalty, including the characteristic of the legal formation and the characteristic of legal suitability in imperial clan group.