Study Of The System Of Permitting Culprit To Support Lineal Elders

The system of permitting culprit to support lineal elders refers to a penalty system in ancient China.The person who has been sentenced to death, exile, imprisonment criminals, their parents or grandparents, and relatives aged or disease can't take care of themselves and no adult depend on, the government according to the related condition, get the emperor or judicial officers, let the criminals stay in the home support the elderly parents or grandparents, the government delays execution for punishment. After the elderly parents or grandparents died, punishment must be performed again according to the judgment, or adjudged other punishment. This is a system to solve the person who sentenced to death, exile and imprisonment prisoners cannot support their parents or grandparents. This is a special legal system that only exist in ancient China, it existed in all phases of the feudal society in ancient China,and existed in China feudal society's social stratum. The existence of the system conformed to the social development of Chinese history, It played a certain progress role in China history。This dissertation can be divided into three chapters:The first chapter is to introduce the system in an overview, and expounds the basic connotation, and the historical inevitability of its existence, and point out that this system produced and developed during China feudal society in its own profound historical reason and ideological reasons.Chapter 2 is the key section, it introduce according to the time, it is divided into three sections. The first part tells the formation and development; The Tang Dynasty is the prosperity of China's feudal society time period, active thoughts, economic prosperity, so legal regulation also especially complete, the system in this period, be formulated basic finalize later the chief source of this system; The Song and Yuan Dynasties left little change; The system in Jin Dynasties had some turns.The elders were supported by government replaced of by the criminals; there were certain restrictions in Ming Dynasty, this is because the Ming Dynasty is the most severe period in China feudal society, but it still have some development. The second part is the key part in Chapter 2, this part including the breakthrough in Qing Dynasty. In the Qing Dynasty it not only raised many applicable situation, also perfected the applicable procedures. The third part tell us about how the system was dying.The third chapter focuses on the analysis of the positive and the negative of the system.It is divided into three parts, the first part us the positive significance to the feudal ethics, it maintain the normal order of the ruling class, which plays an important role for the development of the feudal society is. The second part explain the system kept the disadvantages of common people, it stimulates, it is apt to cause the revenge mental instability of society, fueling the crime also leads to corruption growth. But these negative influence is relatively the system to the feudal social order maintenance is negligible. The last part tell us the system was a precious historical heritage in China history of law.