A Study On The Conflict Between Expression And Practice In The Penal Puishment Of Civil Law In The Qing Dynasty

This paper takes the conflict between expression and practice in the penal issue of civil law in the Qing Dynasty as the research object,and analyzes the manifestation and causes of this conflict in an attempt to reveal the internal motives and trends of the development of civil law in the Qing Dynasty.This paper uses historical investigation methods to explain the punishment situation in civil legal expression in the Qing Dynasty on the basis of extensive collection and collation of relevant historical documents.In addition,this paper conducts a large number of case classification statistics,analyzes the punishment situation in civil case practice in the Qing Dynasty,compares the different attitudes towards the punishment of civil cases in Qing Dynasty legal norms and judicial practice,and then explains the relationship between expression and practice.Since the expression and practice of civil law punishment in the Qing Dynasty is not only an independent legal issue,but also has social attributes,this paper not only studies the legal provisions and judicial practices recorded in the literature,but also combines the research methods of sociological analysis to analyze the impact of the national law on the relationship between expression and practice in the implementation of national law,such as the background,social culture,economy and cultural concepts on the relationship between expression and practice.The conflict between civil legal expression and practice in the Qing Dynasty is mainly reflected in the fact that civil issues were first used as criminal cases in The Qing code and accompanied by civil compensation,etc.,and in judicial practice,civil cases were generally not sentenced but handled in accordance with compensation,restitution,confirmation of rights,etc.,reflecting civil thinking rather than criminal thinking,that is,civil issues in legal expression are incidental to civil cases as criminal cases,and in judicial practice they are generally not sentenced as criminal cases but treated as purely civil cases.There is a conflict between expression and practice.The reason for the conflict between civil legal expression and practice in the Qing Dynasty is mainly that the Qing Dynasty,as an ancient ethnic minority regime,took agricultural production as the economic foundation,legally existed national privileges,and formed an obvious community of interests economically,in order to reduce the antagonism brought about by privileges and alleviate the contradictions between members of the community of interests.Moreover,in order to meet the needs of civil rights,officials did not necessarily make judgments strictly in accordance with the legal norms of the Qing Dynasty when hearing civil cases,and there was a situation where the law stipulated that the punishment should be imposed but the judicial practice did not impose the punishment.The conflict between expression and practice on the issue of civil law and punishment in the Qing Dynasty not only reflects the desire of the Qing rulers to construct an ideal social model through law,but also reflects the social needs and legal operation mechanism of the Qing Dynasty.In different civil cases,the punishment of trial results reflects the fit and deviation between "official expression" and "judicial practice".Among them,the civil cases in which the punishment is reduced or not sentenced is the interpretation of China’s civil law in the Qing Dynasty from "no distinction between criminal and civil" to the smooth adaptation of civil law to society after the legal reform in the late Qing Dynasty,and the revision of the draft civil law in the late Qing Dynasty,and is also the epitome of the development of civil law in the Qing Dynasty.