A Study On The Law Of "criminal Resisting Arrest" In The Qing Dynasty

The act of resisting arrest by a criminal.The meaning of its law or germination in the Spring and Autumn period,tang Dynasty formally into the law,and was regarded as the standard,gradually shaped as a kind of mainly for the rape and theft of criminals resisting arrest and killing cases of the legal provisions.Since the reign of Emperor Yongzheng of Emperor Shizong of the Qing Dynasty,in order to try the endless cases of "criminal resisting arrest",the Qing court began to amend the regulations of "criminal resisting arrest for rape","criminal resisting arrest for theft" and "other criminal resisting arrest" on the basis of the law of "criminal resisting arrest".After nearly a hundred years of development,it passed the "supplementing law with examples and combining decrees".The Qing Dynasty finally formed a complete system of regulations,including 1 law and 13 regulations.The increase of regulations,of course,will bring the precision of judicial application,but also means that the legal text format is complicated and content logic is inevitable contradiction.Through the analysis of relevant judicial cases contained in Criminal Cases Summary,we find that there are various factors affecting the application of the "criminal resisting arrest" law.However,the factors such as whether a sinner resists arrest with a fight,whether the victim is beaten to more than a broken wound by resisting arrest,whether the crime committed by the sinner itself is a crime worthy of death,whether the husband gets the crime,whether the perpetrator kills the thief immediately,and whether the arresting person has the right to arrest play a crucial role in the application of the regulations.Affected by the lack of grass-roots governance capacity and the poverty-stricken social environment,the law of "Resisting arrest of criminals" enforces the principal to arrest or even kill criminals In order to punish crimes and protect social order.But law the right to arrest people limit too little,and the judicial practice,are generally light penalty anyone who killed a sinner,heavy to punish sinners resisting arrest,therefore,the application of the law not only failed to rise to punish rape,stolen sinners,contain the wind of theft to commit adultery,but add to the grass-roots society the wind of the torture,killing,and law conception.It is a tragedy of history that the seemingly ingenious design of the system ends up with improper punishment and excessive red tape as "feedback".