Study Of The System Of Permitting Culprit To Support Lineal Elders

With the development of the ideology of Confucian school,"Cun liu yang qin"formed gradually. It was a penalty system which rooted into literature of confucianists.The direct cause of this system was the demanding of labours in farming society,but the rooted reason of its existence about 1500years was to maintain the feudal code of ethics. The point of the system is that the government gave up some power of justice so that people can take care of their parents. This tactic help people to form the value of loyalty. The system of permitting culprint to support lineal elders is a legal system peculiar to the feudal society of china, it be widely applicable to all estate. The primary purpose to establish this legal system is to stick up for the feudal moral. The qualification for applying this legal system is prescribed in the code, the application is strictly controlled by judicial functionary. The existence of this legal system benefit the support of culprit's elders, the stabilization of family and society, the influence on culprit and the rule of emperor.Among various feudal dynasties in Chinese history, the Qing Dynasty was the most successful one in the imple mentation of the system whereby commutation or suspension of penalties was granted to some convicted criminals so as to enable them to take care their old or sick parents. The Qing Government inherited form the Ming Code provisions relating to the system and,in the process of handling relevant cases, developed a series of established rues and judicial precedents. By gradually relaxing the restrictions on the granting of commutation of penalties, the QingGovernment developed a whole set of strict procedures ranging from the initial application to final granting of commutation of penalties, which enabled this system to be implemented effectively and widely throughout the country. This dissertation gives a full view of the system of"cun liu yang qin", it mainly gives the contents, the history of development of the system. After this, the dissertation gives the examples of the system.the dissertation divided into four parts.The first part proposes the origin of the system of"Cun Liu Yang Qin".Firstly,this system had no record in historical materials before Han Dynasty.Then it introduces the specific content and times of the generation of"Cun Lir Yang Qin",and analyses its reason.The second part introduces the stage when the system of"Cun Liu Yang Qin"had finalized.Through unscrambling the relevant stipulation of the law of Tang Dynasty,we describe the specific content and evolution of the system of"Cun Liu Yang Qin".The system of"Cun Liu Yang Qin"had formed in Tang Dynasty,and the system in Song Dynasty,Jin Dynasty,Yuan Dynasty,Ming Dynasty had no development and change,but had its own characteristic.The third part introduces the perfect stage.The system of"Cun Liu Yang Qin"went to the perfect stage in Qing Dynasty. The governor of Qing Dynasty inherited the stipulation of Ming Dynasty,and joined"Cheng Si"and Liu Yang. Lastly,we discusses the related surveillance measures of the government of Qing Dynasty.The fourth part introduces the stage when the system of"Cun Liu Yang Qin"died out. We describes its process of dying out, and analyse the reason.The part analyses the value of the system of"Cun Liu Yang Qin".The system can exist for a long time because it can meets the needs of feudal dynasty and defends feudal dominance.