Research Of Criminal Cases Of Civilized City And Tumote Of Emperor Qianlong In Qing Dynasty

The paper is prepared based on the authentic and highly reliable historical criminal files of the Guihua City of Tumd which truly reflect the original state of criminal justice of the grassroots society of Mongolia during the reign of Qianlong of the Qing Dynasty and contain rich legal,social,ethnologic and historical information.At present,it's difficult to get the criminal files lead to the lack of research of the original state of criminal justice of Mongolia.During the reign of Qianlong when the legal system of the Qing Dynasty was prepared and implemented,the border areas were well governed under the criminal laws.During the period,a large number of the Han people swarmed into Guisui,and the nomadic civilization conflicted and integrated with the agricultural civilization.Since the reign of Yongzheng,the Qing government has prepared multiple judicial administration systems in the Guihua City of Tumd,of which the Mongolian Law was enforced by grassroots judicial officials as the applicable basic law.In the course of juridical practices,grassroots judicial officials adjusted the relation between the Mongolian Law and the Law of the Qing Dynasty,with a view to implementing the strategies of criminally governing the national regions.The initiatives that balanced the interests between ethnic groups and contributed to ethnic integration show the judicial wisdom of rulers.Through all-around,multi-angle and multi-layer empirical analyses of the criminal cases,comprehensive and in-depth research may be made on the grassroots criminal judicial practices in the national regions during the reign of Qianlong.Based on the above considerations,in terms of the criminal files of Tumd during the reign of Qianlong,in combination with the supporting local chronicles and other historical data,the paper makes multi-dimensional practical research on the grassroots criminal justice of Tumd during the reign of Qianlong.In addition to such research,the paper also makes an all-around survey through combination of the histories of system,culture and society and manages to present a picture integrating the culture,law and society of the Qing Dynasty based on the research of the criminal cases occurred during the reign of Qianlong.The paper consists of the Introduction,Conclusion and six chapters,The paper mainly introduces the cause and significance of the research,the review of related research,research methods and materials used as well as the reason why the research is made on those during the reign of Qianlong.With the details shown as follows:Chapter One mainly describes the system of the criminal laws of Tumd including the traditional Mongolian laws and the criminal laws made by Lifan Yuan,considering that the Mongolian legal systems were extracted from the ethnic factors of Mongolian tribes and undoubtedly arose on the basis of such factors.Furthermore,the legal applications in the criminal cases of the Qing Dynasty,especially the effectiveness of the Mongolian Law which is considered the core tool of settling criminal cases of border areas of the Qing Dynasty and mainly sets forth criminal laws.Chapter Two mainly analyzes the criminal cases on thefts,stating that thefts frequently occurred in Tumd under the complicated social environment which mainly included ordinary thefts,livestock thefts and robberies.This chapter analyzed each of the cases and discussed the disadvantages of the mechanism of judging the murder cases on thefts in Tumd,through which it considers that the mechanism of judging murder cases in a manner that separates and balances powers prepared by the Qing government was unable to judicially function as expected sometimes due to the complicated environment in which criminal cases involved and the expansion of various ethnic forces of the border areas,making it difficult to settle the cases soon.Chapter Three mainly analyzes the murder cases including those on disputes over lands,fights and framed complaint.Although disputes between Mongolians over lands were unavoidable,criminal cases of this type were extreme disputes over lands.Through a legal analysis of a murder case arising out of a fight during the reign of Qianlong,the chapter discusses the cause of and the applicability of laws to the case,and analyzes the litigiosity and framed complaint during the period of social transition and officials' concept of settling such issues through legal regulation.Chapter Fore mainly analyzes the criminal cases on marriage.In addition to the legal regulations of adulteries,marriage between a Mongolian and the Han people and the criminal cases on husbands' assault of their wives,wives' assault of their husbands and seducing of women,the chapter analyzes the reasons why the social and economic status of the women of Tumd was low during the Qing Dynasty from the social point of view.Chapter Five mainly analyzes the murder cases including those on disputes over lands,fights and framed complaint.Although disputes between Mongolians over lands were unavoidable,criminal cases of this type were extreme disputes over lands.Through a legal analysis of a murder case arising out of a fight during the reign of Qianlong,the chapter discusses the cause of and the applicability of laws to the case,and analyzes the litigiosity and framed complaint during the period of social transition and officials' concept of settling such issues through legal regulation.Chapter Six mainly introduces the jurisdiction over and the authority of judging the criminal cases of Tumd,concluding that sub-prefects and magistrates played a core role in the multiple criminal judicial operation systems since they exercised the criminal judicial functions in their jurisdictions as the grassroots administrative and judicial officials through whom the Qing government had judicial control over Mongolia.Furthermore,this chapter discretion of judges in hearing criminal cases,discusses the judicial discretion of grassroots judicial officials to settle minor criminal cases,researches the relation between the “conviction subject to laws” and the judicial discretion,analyzes the factors that affect the exercising of judicial discretion by grassroots judicial officials of Tumd in the course of judging the cases over which they have discretion,including humanitarianism and grassroots legal order.In addition,the paper researches the innocence cases decided based on judicial discretion to show the realization of the judicial ideal of “no wronged innocents and no escaped offenders” which the ruler of the Qing Dynasty pursued at the grassroots judicial level.Based on this,the chapter also explores the applications of common sense-based rule of evidence in the criminal justice practices of the Qing Dynasty.The Conclusion of the paper mainly sets forth the experience in criminal judicial practices of Tumd and the related theoretical value,researches the gains and losses due to the judicial governance of the criminal cases of Tumd,concluding that the Qing government governed Mongolia in a manner that opposes suppression and achieves effective governance of grassroots criminal cases,and that the criminal laws of national areas paid attention to the absorption of the related cultures to improve the criminal judicial system of the national regions of China.