Case Law Of Qing Dynasty

Because of it reflects the traditional habits and ways of thinking of Chinese people has always been, indeed, case law is an important part of traditional-law. The Ting-acting in the Qin Dynasty, the Jue-shibi in the Han Dynasty, the Story in the Jin dynasty, the Legislation in the Tang Dynasty, the Duan-li in the Song and the Yuan Dynasties, both of the Cheng-an and the Tong-xing have the nature of jurisprudence. Especially in the Ming and Qing Dynasties, the status of case law had be further raised, while generated by the case of patients with established. On a regular basis, and amendments into the law to cases such as the formation of a series of specific norms and application of the system case, the case marked the ancient Chinese system of complete and perfect. Late of the case can be said that the system is the masterpiece of ancient China for.With the passage of time, late of the Qing Dynasty in particular, social changed dramatically. As the law had also huge changed, with a thousand years long Chinese history, it went into the modernization of Chinese law course. By advanced legal system, legal culture, legal technologies have been transplanted in, the change is not forced to spontaneously formed, that resulting in a mismatch between the ideological and institutional. Traditional habits and ways of thinking are not likely to be easily replaced, we should note that these habits and ways of thinking on the impact of the current legal system. So that we could come to understand the essence of medieval ancient law, select the part that adapt to modern law, and flexible transformation and reference. This is not only recognition for the Chinese law, but also the recognition of traditional Chinese culture. It is also a kind of great self-expression of persistent in the worldwide environment. The essence of the traditional Chinese legal culture is also being waiting for more research and discovery.This article is based on a book in title "criminal cases Health Facts, " some of the original case will be cited as the description, also drawing on the findings of some scholars modern times. Discuss the characteristics, application and evaluation of case Law in the Qing Dynasty and consideration on the modern.Positive aspects of judicial precedent system in qing dynasty, the qing dynasty and limit for judicial precedent system has the stability and flexibility, pay attention to the phase and the advantages of habit, close to co-operatives shall carry on the summary and reference for us, but for the existing problems, we also need to analyze and eventually overcome. In conclusion, the mature Chinese qing dynasty formed to our modern judicial precedent system of legal system construction has irreplaceable reference role, and enacted law limitations also let our reference case system become necessary. When case possible and necessary, so from our rich heritage of the system can be applied wordplay is very accurate and reasonable choice. Of course, for the advanced western legal system should be paid more attention to, but we only suitable system.