The Study On Relationship Between State And Society Incipital Appeal During Qing Dynasty

The beginning expression of “capital appeal” appears in historical records, is in Qing dynasty. As a pattern of lawsuit, the government found it to let victims seek relief from the highest court of appeal. The volume of capital appeal is impressive. By means of these cases, we can know well to people’s daily life, and also can make a better research to the Qing dynasty. So the article targets on this theme and try to observe the hidden issues on the relationship between state and society.From the analysis, we can see clearly about quantitative change trend. The peak is in Daoguang period, then rise again between Tong-Guang period. So we think the turbulence at that time, war, population growth, slum of the financial condition, all these factors come into the explanation. The region factor is also important, the type of the cases has relationship with it. Not only different provinces but also different places in the same province are diverse. More than half cases are about criminal offences. The daily disputes are the common inducements. The cases also refer to the charges on the government, office workers are accused more than governors, and which involve corruption and power abuse.On the analysis of prosecutors, the civilian class is in the highest proportion, and people who engage in agriculture is on majority. And their survival pressure maybe main reason. Females live the second, so much women appeared in Qing’s capital appeal, which are associated with their family status, objective living conditions and the space of judicial tolerance. Some low level governors also engage in the cases, but the judges don’t give them any pities, sometimes even harder. The mohammedians who live in Qing’s inland area also charge for their unfair treats, and through the analysis, we believe the government can handle matters timely. Government don’t like bottom ruling class engage the cases, but the amount of them is really huge, although the government denounce them badly, sometimes civilians don’t have the same views. We can use some specific cases to know well complicated features between the state and the regional society in Qing dynasty. From the analysis of Xu’s case in Jiaqing, we can see the capital appeal is so expensive for normal people, not only inconvenient, but also inefficiency. And in the case of Liminsha, we can see the government solidify the right-relationship between different main benefices and accomplish the management for the new land.The dominator regards capital appeal important, so he carries out many measures to improve it, and hope these matters can improve people’s wellbeing. But the truth is disappointed. To explore the reason, we can find that the capital appeal makes central authorities only care about the supervisory control to the judges, but ignore the construction of the basic judiciary function. All these things will be harmful to the country’s management and judicial justice.