Research On The Cun LiuYang Qin Of Qing Dynasty

The CunLiuYangQin was granted to some convicted criminals so as to enable them to take care of their old or sick parents. It stems from Northern Wei Dynasty filial piety Emperor Wen TaiHe 12, to the end of the Qing Dynasty abolished, lasted more than 1400 years. It is the Chinese Confucianist legalization process crystallization.This article preserves from the CunLiuYangQin raises own historical origin to obtain, before comparing and analyzes in Qing Dynasty's law article foundation, through preserves to The CunLiuYangQin of Qing Dynasty the law article analysis and the judicial practice expression inspection, further discusses CunLiuYangQin of the Qing Dynasty to preserve raises own characteristic and the legislative influence, by it during the inspection ancient times system's, analyzed the traditional law to profit from the function to the modern legal regime.The full text is divided six parts. The first part of introduction is mainly preserves to The CunLiuYangQin in the concept the analysis, proposed that The CunLiuYangQin is the legal Confucianist's result, and introduced studies this question the significance.The second part is mainly preserves to The CunLiuYangQin the historical inspection. Divides into three parts; First, The CunLiuYangQin was origin of the Northern Wei ,studied in detail the legal meaning of legal text.Second, is mainly discusses to The CunLiuYangQin of Tang Lvshu carries on the careful research, Tang Lv is Chinese legal system epitomizing,it can make us deeper one step to study The CunLiuYangQin of Qing Dynasty. This part besides The CunLiuYangQin of Tang Lvshu the analysis, but also has carried on the analysis to Song Dynasty's system. Third, is mainly preserves to a Yuan Dynasty and Ming Dynastys' system, through the concrete case and the law article and the law study everybody's explanation, how further studies the crime to preserve raises kisses the system to adapt the social development, but changes unceasingly.The third part is mainly preserves to The CunLiuYangQin of Qing Dynasty the law article and the rule analysis. The CunLiuYangQin of Qing Dynasty the system in the clear law only one law article, but the related rule reaches 17 much. This part not only has carried on the thorough analysis to the law article rule content, but also forms to the rule the time and the reason have given showing, how is for the purpose of inspecting the system is in itself thoroughly along with the social development, but changes unceasingly adapts the rule to need.This article fourth part is mainly preserves to The CunLiuYangQin of Qing Dynasty in the judicial practice the procedure inspection and the concrete implementation effect and own characteristic. Divides into three sections. The first section is preserves to The CunLiuYangQin of Qing Dynasty in the procedure the analysis, it is well known, the Qing Dynasty does not have the procedural law, but The CunLiuYangQin of Qing Dynasty had still formed own set of procedures in the judicial practice. Through to the procedure analysis, we can konw the clearer understanding The CunLiuYangQin of Qing Dynasty the system is from the paper surface article to the judicial practice. The second section is to the judicial practice in the usable condition inspection, analyzes the crime through the concrete case to The CunLiuYangQin of Qing Dynasty in the judicial practice implementation effect. The article explained from the pro and con two cases The CunLiuYangQin of Qing Dynasty on being suitable is the strict deference law article and the rule. The third section is mainly introduced that The CunLiuYangQin of Qing Dynasty own characteristic, its one, the clear law preserves suitably to ten wicked crimes raises own relaxation. Second, The CunLiuYangQin of Qing Dynasty even more pays great attention the law to the family the influence.After last characteristic is The CunLiuYangQin of Qing Dynasty condition vanishing, the criminal does not need once more to serve a prison sentence, this has the very big difference with Tang Songlv.This article third part and the fourth part is the paper's key point, the third part is mainly to law of the paper surface analysis, the fourth part is to the judicial practice analysis. Two parts verify mutually, explains The CunLiuYangQin of Qing Dynasty.The fifth part is The CunLiuYangQin of Qing Dynasty to save the waste self-criticism. Divides into two spots; first, theoretically argued, through to supports sends with the opposition faction theory argument's analysis, understood that The CunLiuYangQin of Qing Dynasty 's good and bad points. Second, were't The CunLiuYangQin of Qing Dynasty at the end of the Qing legislation the revision situation.The sixth part of conclusion is to this article summary, The CunLiuYangQin of Qing Dynasty although has many shortcomings, but it contains the legal spirit really has the existence value. Through to the overseas legislation's research, may obtain, in the modern government by law construction, we absorbs the advanced legal thought at the same time, also cannot abandon the traditional law the essence.