An Analysis Of Literary Inquisition In The Qing Dynasty

The ancient Chinese legality history is an integral part of Chinese history.As an important research topic in the history of legal system in Qing Dynasty,"literary inquisition" has a lot of research achievements.In the beginning of the study of literary inquisition,most academia think that the literary inquisition is a political issue,not a legal issue.Many of the works are regarded as the Imperial monarchy to reach the peak of products,is the development of men to the extreme performance.With the further research,some academia have suggested that literary inquisition is also a legal issue.In fact,as a "very big prison",literary inquisition not only embodies the strengthening of the feudal imperial power,but also involves the application of law and the trial procedure in the process of literary inquisition.These are inevitably related to the laws of the Qing Dynasty.From the legal application arid judicial procedure,most of the cases are in accordance with the "Da Qing Law" to convict sentencing.Therefore,the literary prison in the Qing Dynasty is legal in form.But essentially,most literary inquisition are unjust case.Because the part of the applicable law in the case of literary inquisition is not all legal.For example,the punishment of the mentally ill,the conviction of the offender,the error of the law applicable in literary inquisition.The literary inquisition in the Qing Dynasty brought the influence to the law,and it was mainly negative influence.Macroscopically speaking,it has brought negative influence to the justice of law.This includes“the principle of legality”and the prohibition against the defendant’s analogy principle of destruction.From the microscopic point of view,literary inquisition destroyed the justice of the Qing Dynasty,including the central Three law department and the jurisdiction of local officials.We say that all history is contemporary history.While standing in a certain time and space analysis of historical phenomena at the same time,we also need to draw out,standing in a certain height analysis of the system and the law of the shortcomings and defects,can take history as a mirror.Therefore,it is very necessary to analyze the negative influence of literary inquisition in the Qing Dynasty from the perspective of Western natural law spirit.