On The Application Of Juvenile Delinquency In Judicial Practice In The Qing Dynasty

Juveniles are a special group,the Qing Dynasty rulers taken many measures to maintain its feudal ruling order.for example,Legal responsibility for Juveniles varying degrees of relief.it can win the people,and ensure the labor force under the rule of the ruling class.The law of the Qing Dynasty as a social order maintenance and adjustment tools,it implemented the traditional concept of justice--”cherish young”.As Chinese last feudal dynasty,the Qing Dynasty inherited the Tang Dynasty and the Ming Dynasty on the basis of outstanding legal tradition,combined with the actual situation at the time,the new content is added.In this paper,collected with the cases and the statutes related provisions,The author based on the context of Chinese traditional legal culture,analyzed the judicial practice in the specific circumstance of the minor penalties applicable.This paper is divided into the following sections:The first part,the author focuses on the characteristics of the criminal cases involving juveniles of the Qing Dynasty judicial practice,specifically manifested in two aspects,one is proceeding aspects,one is implementation.In terms of proceedings care for the elderly and children,do not torture,disabled minors below ten years old can not testify,during the execution of penalty for juveniles receive special care is foreclosure,casual income,pay attention prisoners of living.The second section,the author summarizes the main factors which Qing judges do really considered in the case of juvenile delinquency,including the offender’s age, criminal motive and circumstances of the crime and other dangers.The third part,the author compares the legal provisions of the Qing Dynasty and the operation of the judicial practice,analyzing the scale of the Qing Dynasty jurisdiction,obtained in the case of juveniles at the event during the Qing Dynasty sheriff always comply with statutes regulations,not be exceeded.The fourth part,the author analyzes the legal concepts in the Qing judicial process.There is maintain the rule of order,cherish young,education,and analyzed which is the mostimportant,discover the essence of cherish young is still to maintain order for the ruling class.