Study On The Qinglifa Of Criminal Trial In Qing Dynasty

Since the founding of New China,our socialist legal system has gradually improved,but the problem also follows.The western judicial model grows in the western soil,after all,it needs to take root in the Chinese soil to belong to our own judicial model.Both Yu Huan’s case and Zhao Chunhua ’s case show that the western judicial system took root in China.What is China’s own path? It is very important to inherit the fine traditional Chinese legal culture.It is one of the important contents of China’s excellent traditional legal culture to take human feelings,natural principles and national laws as the three scales to measure the right and wrong of things and strive to achieve the balance among them.Through the integration of the three ways of the law of reason,so that justice has both hardness and temperature.Therefore,this paper takes the criminal justice of Qing Dynasty as the research category,studies the relationship and function of the three laws of rationality.At present,the mainstream view of the academic circle divides the criminal cases in Qing Dynasty into the category of strict justice according to law,and lacks the research on the role of reason in criminal cases.Therefore,this paper takes the case of avoiding others and selling others in Overview of Criminal Cases as the research object.By studying the specific role of reason in criminal justice in the Qing Dynasty,the relationship between reason and law,and how reason was cleverly integrated into criminal justice in the Qing Dynasty,this paper enricfies the ways and methods of applying reason in modern criminal justice.We should solve some legal but unreasonable phenomena arising from modern criminal justice to avoid the recurrence of situations like Zhao Chunhua’s case.Let people believe in the law,faith in the law,live up to people’s expectations of the law,consolidate the last line of defense of social justice.In addition,this article has made some explanations and explanations for "the law of justifying crimes".Because of the stipulation of "the law should be cited for the punishment of crimes",when we study the criminal judicial trial in the Qing Dynasty,we categorize it into the queue of strict trial according to law,thus ignoring the existence of reason in it.Only by clarifying whether "the law to cite a crime" means that criminal cases in Qing Dynasty are judged strictly according to law can we lay a good foundation for the research on the basis of criminal cases in Qing Dynasty.To sum up,this paper aims to play a specific role in the interpretation of reason,enrich the understanding of the relationship between emotion and law,and improve the unified interpretation of the trial basis of Qing Dynasty through the study of the basis of criminal cases.To solve the rigid judicial problems caused by the lack of rational application of the modern criminal judicial system,we hope to make our own modest contribution to the construction of the socialist system with Chinese characteristics.