The Research About The Arrest Institution Of The Qing Dynasty

The traditional Chinese arrests institution is a series rules about tracking down the criminals who involved in all aspects of the provisions of the rights and obligations.Arrest system in the Qing Dynasty has been very complete,including the following aspects:The first part is the arrest objects and their related duty.The objects of arrest acts mainly has the following categories:The first part is the ordinary criminal who commits that crime has not been in custody pending after the arrest of a person who commits most of the object, but its relatively simple law,regulation was relatively simple.The main duty of their destruction should be by resisting arrest arising from the conduct of staff.The second is the only,flow,the military,who sent these are common features of a person who commits crime after a ruling by limiting the freedom of the person without the person in prison custody. After the arrest of such person who is guilty,the verdict,escort,service,such as several legal proceedings,the complexity of legal relationships involved in a lot of the main duty.Their duty was mainly attributable to increase the escape.The third category are prison inmates, prison inmates after the arrest is a crime,detained in prison waiting for the person who is guilty.Prison inmates are the responsibility of the relevant legal acts of the prison break.The fourth type of solution is guilty,guilty solution only to commit crimes are escorted to the designated authority over the person who is guilty of trial.Solution of the reasons for increasing the duty who is also escape.The second part is to track down and arrest the main duty.Qing arrest system,to track down many of the main types of comparison,the author based on their identity and responsibilities of the main difference between these is divided into five categories.The first category is County officials,County officials responsible for the overall affairs of the place, of course,responsible for arresting the leaders of the work of criminals and to arrest a person who commits acts of responsibility.The second is the arrest official and arrest corvee,such the main County government offices are the main force in arresting a person who commits, parallel with the main types of work are responsible for assisting the arrest.The third type of the main prison officers and prison are bad,the principal of such prisoners on the prison break prison duty to bear one of a duty is to help arrest a person who commits prison break.The fourth category is the escort corvee,escort corvee escort service of a person who commits the way to escape the responsibility of course,if the limit will be able to capture a person who commits,the duty relief may be appropriate.The fifth category is the Tuanlian and Baojia, such is not the main system by the official service,in essence,belong to non-governmental organizations,but also assume the functions of some officials,including an important place is to maintain law and order to help capture fugitives.The third part is in the process arresting system requirements,there are three main aspects.One is the arrest of the person who is guilty of the geographical jurisdiction of requirements in order to be able to commit as soon as possible will be brought to justice,the Qing Dynasty in the geographical jurisdiction of the arrest system should not focus on the division of labor,and the emphasis on co-ordination requirements of County government offices responsible for the crime was the main job of the arrest,At the same time,counties also have to be related to help track down and see the distinction should not exist.The second is the arrest of the person who is guilty of the specific implementation of the requirement that the prior arrest person who commits normally issued by the County government offices in order to capture votes,if the arrest corvee arrest suspects arbitrarily without arrest warrant,who must bear the corresponding legal responsibility.The third is related to the provisions of the arrest period,the Qing Dynasty to track down the person who is guilty of the system for different provisions of the arrest of different duration,if the suspect can't be arrested before deadline,the arresting man will be suffered by the appropriate disciplinary action.System of the Qing Dynasty arrest judicial practice questions,the author of each specific system in the following case studies will be carried out,from the case studies can also be seen in a number of system vulnerability,as well as a departure from the practice of the case system.Finally,the author of the Qing Dynasty from the macro-arrest system on the value orientation of the state of judicial practice,as well as an analysis of its main values are supreme and rule of order and two people in this regard,the situation of judicial practice and come to the conclusion that because of the supreme ruler and the interests of law enforcement-oriented run in the opposite direction,the supreme ruler of the rule of order based on the maintenance of the system simply to implement a high-handed policy implementers,and the practice under high pressure and can not effectively ensure that the arrest rate of fugitives,but in practice cause irregularities in operation abound.