Study On The Sentencing Of Juvenile Crimes In Qing Dynasty

The Qing dynasty,on the basis of inheriting the essence of the legal system of previous generations,formed a more complete system of sentencing for juvenile delinquency based on complex judicial practice.Based on this,Xing An Hui Lan San Bian is used as the main material to explore the sentencing situation,the basis for sentencing and the factors influencing the handling of juvenile delinquency cases by judicial officials in the Qing Dynasty through historical research and case analysis,in order to restore the original picture of sentencing for juvenile delinquency in the Qing Dynasty,and thus explore the gap between legislative expression and judicial practice.There was no concept of minors in the Qing Dynasty,and judicial practice often referred to this particular group of people as "young children" or "under age",so in order to avoid cross-application of concepts,the concept of minors is used.Although the Qing law does not directly stipulate the age of minors,it is possible to deduce that those under the age of fifteen were minors in the Qing dynasty by combining the relevant provisions of the Qing Law on the age of criminal responsibility of minors with the supporting evidence of judicial practice.The Qing Dynasty wove a fine net of legal application of juvenile delinquency through laws,regulations and cases,and the selection of the appropriate basis for sentencing was an essential part of the adjudication process.It is a basic principle of the judicial trial in the Qing Dynasty that "the law is used to determine the crime",and the application of the law is dominated by the law and supplemented by the case,which complements each other.In addition,when there is a positive law,judicial officials often cite cases to prove the law,i.e.,to support the correctness of the application of the law and the appropriateness of the sentence.In addition,in cases where there is a positive article of the law,judicial officials often "prove the law by referring to the case",that is,cite the case to support the correctness of the application of the law and the appropriateness of the sentence.Many factors affect the severity of the penalty in the pursuit of the crime of love and harmony.In terms of age,judicial officials take the age at the time of the crime as the standard,and the imaginary age as the age counting method,and consider the age gap between the offender and the victim,so as to measure the strength between the two sides;in terms of identity,pay attention to the identity of the victim and the identity relationship between the two sides,and distinguish the first offender and the accessory in the joint crime;in terms of the victim’s fault,examine whether the victim is at fault in terms of the cause and behavior;in terms of subjective In terms of the victim’s fault,we examine whether the victim is at fault in terms of the cause and behavior;in terms of subjectivity,we distinguish between intentionality and negligence,pay attention to the motive of the crime,and focus on subjective and objective consistency.The analysis of cases of juvenile delinquency shows that the Qing dynasty granted a lot of legislative and judicial leniency to minors,but the implementation of the principle of compassion for the young was not complete,and once the feudal ruling order was endangered,the protection of minors was greatly reduced in a biased manner.The professional competence of the judicial officials and the arbitrariness of the emperor’s subjective will also led to a precarious state of sentencing for minors’ crimes.