Cautious Punishment In The Qing Dynasty System Performance And Ideological Heritage

China's traditional legal ideology is a dazzling pearl of the world's legal culture history, with unshakable status. China's traditional legal ideology is wide-ranging and rich in content."Cautious Punishment"is a unique and important factor of China's traditional legal ideology. It reflects not only in ideology level but also in institutional level. Because of its important status in ancient China's legislature and judicial system, rulers always pay much attention to the issue of"Cautious Punishment". The discussion of the evolution of this idea will help understand China's traditional legal ideology.This article mainly divides into three chapters. The first chapter discusses the system embodiment of"Cautious Punishment", including in the legislative, judicial, law enforcement aspects. The second chapter discusses the ideological aspects of the development and background factors of"Cautious Punishment"of Qing Dynasty. Through a comparative analysis of the previous dynasties, search for the ideological root of the"Cautious Punishment"of Qing Dynasty. Through the discussion of the background factors, analyze the characteristics of the"cautious punishment"of Qing Dynasty. The third chapter discusses the meaning and limitations of"Cautious Punishment"of Qing Dynasty and its meaning for China's current criminal law.The first innovation of this article is the discussion of the development of"Cautious Punishment"not only from ideological aspects, but also from the legislature, judicial, and other macro-system performance. The second innovation of this article is the analysis of the various factors which cause different attitudes to"Cautious Punishment"and its own different forms."Cautious Punishment"is a manifestation of the ancient concept of harmony. Researching"Cautious Punishment"of Qing Dynasty from ideological and institutional level is help to deeper understanding of traditional Chinese legal culture as well as China's current criminal legislation, judicial development .And it can also provide reference for building a harmonious society.