The Research On Legislation Of Anonymous Accusation And Its Enforcement In Qing Dynasty

Nowadays the legislation in China has not prohibited anonymous accusation, in other words, the legislation has given tacit consent to validity of anonymous accusation actually. However, anonymous accusation had been strictly prohibited in ancient China all along from Qin to Qing Dynasty, and legislation in ancient China provided that the persons who accused others anonymously was to be sentenced to be hanged; the persons who accepted and heard the case were guilty, the persons who captured the anonymous tipper were to be awarded. Why did the ancient legislations make such rules? What was its internal origin? And what about its actual effect? These issues quite worth deeper exploration.The legal system on anonymous accusation in Qing Dynasty consist of laws (Lv), statutes (Li), instances (Shili), rules (Zeli), cases (Chengan) and placards (Gaoshi), etc., which is extremely miscellaneous. Its core content is aimed at forbidding anonymous accusation. The rule is to destroy the anonymous documents at the first sight, not accept or report the anonymous cases, and sentence the anonymous tipper who was caught with the document to be hanged. But to the defendants, they would not be punished whether the accusation was true or not. Certainly, the ruler had taken severe measures in some times, and the most severe punishment was to put to death immediately and confiscation of property. The later statutes by emperor Jiaqing had improved this to "major affairs related to the dynasty" as exception which need to be reported and handled secretly after having a decree.According to the regulations on anonymous accusation, the charges may be divided into the basic charges, the extended charges, and the expanding charges. The charges and the analysis on their inherent logic, is the precondition and basis to fully recognize the issue on "delivering anonymous documents to accuse others " and its enforcement in Qing Dynasty. And it is also the behavior of the legislative level at that time. Though the regulations on "delivering anonymous documents to accuse others " in Qing Dynasty was systematic, there were contradictory contents, which were especially reflected in the provision of" major affairs related to the dynasty", and with the making of the provision, the phenomenon to accuse others anonymously at one time was prevailing, so that it had become one of the social chronic illness at that time. It was because of the insuperable defects with law itself first; Second, it was because the law made by the rulers was the first to broken by the rulers themselves; Third, it came from the inherent disadvantage of bureaucracy; Fourth, it was because of the lack of protection mechanism for the real-name accusation; Fifth, the democratization and legalization of decision-making mechanism had not been achieved. In addition, there are a lot of other questions that can be probed into.To prohibit informing anonymously, it is a law that can exist in ancient China for more than2,000years, which can prove its rationality itself in some degree. The ancient can realize that the fraud of anonymous accusation is greater than the profit, and forbid it through the law, which prove this accords with social being. Even to this day, anonymous letters have not still withdrawn from the historical stage. Through studying on the legislation and its enforcement of " delivering anonymous documents to accuse others", and summarizing the historical experience and lessons, the paper insists on accusation in the way of anonymous letters should not be recommended, and there should be corresponding punishment to limit such behaviors. On the basis of limiting and taking off informing anonymously strictly, to improve the protection mechanism for the real-name accusation, and to offer a good social environment with freedom of speech, ect. so as to make anonymous accusation lose its environment, are the fundamental solutions to anonymous accusation.