Argumentation The Jail System In The Qing Dynasty

In long evolution of human society, the history of jail is long and age-old.The Chinese ancient prison came of the time in Yellow Emperor but took shape in the Xia Dynasty. Government official special in jail affairs appeared in the Xia Dynasty. Inherited and developed from the jail system of the Xia Dynasty, the Shang Dynasty established the criminal servitude system. The name"Yu"appeared in the Han Dynasty and "Jian"in the Ming Dynasty. Finally, in the Qing Dynasty, "Yu" and "Jian" was combined together into"Jianyu"—jail. At the same time, the jail law was also developing and became an important part of the feudal legal system.As the jail system in China is long standing, I have to discuss only one part of this system in the Qing Dynasty in this article. The Qing Dynasty is the last feudal dynasty in China. The jail system and the feudal legal system, cored by penal code, all went to their end in the Qing Dynasty.When the feudal dynasty went to the end, new society breeds. The movement of repairing law in the late Qing Dynasty was the dawn before daybreaks. So, the research to the Qing Dynasty jail system, not merely was textually researches to the past, but also has an important role to the future.Feudal society's jail, is the tool of violence, "the living hell" of despotic judicature and the ghost loafing. The modern jail system expresses the national law degree and society's civilized degree. The research to the Qing Dynasty jail system is helpful in promotion modernization of the Chinese jail system.This article fully applied demonstration method, based on collecting, analyzing and researching a lot of formal history material, outlined the Qing Dynasty jail system, jail affairs, reveal the essence of the jail in the Qing Dynasty, gave a basic evaluate to the Qing Dynasty jail system and jail affairs. At the meantime, the article paid attention to the utilization of comparison research method, seek the Qing Dynasty prison system evolution and the source, revealed the characteristic of the Qing Dynasty jail system, after comparing the jail system of many dynasties, especially the Ming Dynasty. In addition, when analyzing and evaluating the Qing Dynasty jail system, the article also compared the literary work with the formal history material, to unscramble correctly the essence of the Qing Dynasty jail system, annotate the Qing Dynasty jail historical truth, because we can find more profound reality through the another side of literature.This article altogether is divided into three chapters. First chapter elaborated Qing Dynasty's jail legislation. Under the basis of contrast to former and later legislation of the Qing Dynasty, the article emphasizes on the source of the Qing Dynasty jail law. It includes the penal code, the administrative statute book, the national minority law, the administrative rules and regulations, the jail statute and jail system assembly. The last part of the chapter discussed the movement of jail system improvement in the late Qing Dynasty, pointed out its important value. It ended a millennium feudal legal system, the jail system, started modernize advancement of the Chinese legal system, jail system.The second chapter elaborated Qing Dynasty's jail manage system. From the jail establishment, locking prisoner system, mercy prisoner system, the jail affair supervising and managing system, the chapter outlined the jail system of the Qing Dynasty, and summarized its main characteristics which are the continuation and development to previous dynasty jail system, jail affairs and the brand mark of nationality rules.The third chapter elaborated the implementation of the Qing Dynasty jail affairs. By the comparison of literature and history, the chapter revealed poor jail environment, overflow of jails in private, perverting the law in the Qing Dynasty. The main reason is the falsity and fragility of feudal legal system and significant defects in jail system. Finally, the article stated the important meanings of studing the Qing Dynasty jail system.