The Function System Of "Qiu Shen" In Qing Dynasty

"Qiu Shen" was one of the most important judicatory institutions in Qing dynasty, which prescribed those prisoners who accepted the guilty of "Zhanjian hou" or "Jiaojian hou" should have their executions postponed to the next fall to be checked from the local governors to the emperor again,instead of being killed right away.The process of checking consisted of the inspections of state,governors of the checking department and emperor."Qiu Shen" was a very special institution in the history of law systems obviously.It was may not be humanistic from different angles under different circumstances that prisoners suffering more from the checking process mentally and physically,but from the angle of traditional Chinese juristic system many people believe that it was a merciful act.This paper consists of six parts:The first part is the introduction,which introduces the definition and origins of "Qiu Shen",the aims of this paper,and the review of concerned research.The second part talks about the principles of the function of "Qiu Shen",which includes "meticulousness","traditions of confusions" and "autocracy of the emperor".There are also discussions focused on the function of the "Qiu Shen".The third part,the procedures of the "Qiu Shen",is the key installment of this paper. Specifically,the procedures include the checking process of the local county governors,the provincial governors,ministry of Justice,the emperor and whole court.The fourth part talks about the characteristics of "Qiu Shen",which includes immobilization, incorporation and strictness,systematically,or consideration,"Shihuan Dingxing" and specials, from the angle of execution. The fifth part is the evaluation of "Qiu Shen",which includes the positive effects and negative effects.The positive effects are avoiding mistakes,stabilizing the society and support the feudalism,while the negative effects are over-changing,less alert and the limits of "Qiu Shen".The sixth part is the conclusion,which talks about the concussions "Jiudizhengfa" caused to "Qiu Shen" after the movement of Taiping Heavenly Kingdom.