Research On The Compassionate Of Criminals During Their Deportation In The Early Qing Dynasty

It is an important judicial function of ancient Chinese political power to deport criminals.In the early Qing Dynasty,the criminal deportation system followed the Ming system.At the same time,the deportation regulations had their own characteristics.After several adjustments in the Kangxi,Yongzheng and Qianlong dynasties,the Qing Dynasty showed more and more humanistic care in the process of deportation.The first chapter of this paper mainly clarifies the formation of the criminal deportation system in the Qing Dynasty.Taking Henan Xinjiang as an example,it combs the route of the criminal deportation in the Qing Dynasty,and further reveals the continuous improvement of the Qing Dynasty’s deportation system and the deepening trend of humanistic care in the process of deportation.The second chapter reveals that in the early Qing Dynasty,there was a legal guarantee for the food and clothing of criminals on the way of deportation.This paper studies the prisoners’ compassionate problems on the way of deportation through the government’s promulgation of a series of policies and regulations on food security and clothing security,such as reducing the shackles,increasing the expenditure on royal clothing and food,and explores the basic living conditions of criminals on the way of deportation.The third chapter mainly through the travel regulations and travel security measures in the early Qing Dynasty,to explore the situation of humanitarian care in the process of criminal deportation.As the subject of responsibility,the regulations on travel restraint include "one crime,two solutions" and prohibition of abusing prisoners,as well as clear provisions on restraint of release;As a legal subject,the travel restraint regulations include rest in the middle,specifically for the rest care of the criminals’ illness,cold winter and heat,accidents and so on.However,there was a gap between the system and the reality behind the Qing court’s regulations on compassionate prisoners on the way of deportation.This study shows that criminals enjoy due care even in the face of severe punishment by law.The Qing Dynasty law paid more attention to the rights of criminals,which deepened the research on the system of criminal deportation in the Qing Dynasty.