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Study Of The Qing Legal Privilege

Posted on:2008-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:P P ChenFull Text:PDF
GTID:2206360215496555Subject:Legal history
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This essay researches on the law privileges and its related law about the QingDynasty.There are three parts to discuss: the main contents about the law privilegesof the Qing Dynasty, the main characteristics of the Qing Dynasty's law privilegesand every aspect of influences from the Qing Dynasty's law privileges.The first part of this essay is "the main contents about the law privileges of theQing Dynasty". It was about the four kinds of groups to enjoy the law privileges ofthe Qing Dynasty: the royalties, the eight-flag landowners, the bureaucratic class andthe esquire class. Then there are some introductions about the contents of thedifferent privileges between them. Because the Qing Dynasty is an epoch ruled bythe minority, and the particular formations of the royalties and the eight-flaglandowners, we introduce respectively "the foundation of the Qing Dynasty and theroyalties' growing up" and "the origin of the eight-flag landowners and their socialpositions". There are five aspects to describe the law privileges of the royalties: thepossession of producers' goods, the management of registered permanent residence,political life, economical special treatments and the jurisdictional privileges. Itreflects that the law privileges of the royalties were material and comprehensive.There are three aspects to describe the law privileges of the eight-flag landowners:the regime organization, economical special treatments and the jurisdictionalprivileges. It reflects that their privileges were lawful. There are also three aspects todescribe the law privileges of the bureaucratic class: political benefaction,economical special treatments and the jurisdictional privileges. It reflects that, by thelaw privileges, the bureaucratic class was in the control of the Qing government.Finally, there are also three aspects to describe the law privileges of the esquire class:daily life, economical aspect, jurisdictional aspect. It reflects that the esquire classplayed a very important role in social life. They made good communication betweenthe government and the people.The second part of this essay is "the main characteristics of the Qing Dynasty's law privileges". From the above, we can include three characteristics of the QingDynasty's law privileges. They were comprehensive, hierarchical and patriarchal. Itscontents were comprehensive, and its objects were also comprehensive.Compared tothe common people, the Qing Dynasty's law privileges were hierarchical; andbetween the privilege groups, the law privileges were also hierarchical. These maincharacteristics reflect that the Qing Dynasty's law privileges served the interests ofthe governor class. It was a political tool to oppress the people.The third part of this essay is "influences from the Qing Dynasty's lawprivileges". There are four aspects to describe it, the political aspect, the economicalaspect, the cultural aspect and the legal aspect. The influence about the politicalaspect reflects that the existence of law privileges was of great benefit to the socialcontrol and the political rule in Qing Dynasty. But during a long-time politicaloppression, the people were in poor conditions, the social contradiction was intense.At the same time, the abuse of the law privileges made the government corrupt badly.The social disadvantages appeared. The Qing Dynasty's law privileges could notresolve these problems. The influence about the economical aspect reflects that theQing Dynasty's law privileges did some benefit for the development of the QingDynasty because of its effective social control. But there were many socialimperilments caused by it, after a long time, the Qing Dynasty's law privilegeswould be a great bafflement to the development of the social economy. On the otherhand, the existence of the law privileges and its social imperilments did some benefitfor the bourgeon of capitalistic economy from the old feudal economy. The influenceabout the cultural aspect reflects that the law privileges and its social imperilmentswaked the people up. Some scholars at that time wanted to find a new way fornational organization in order to eliminate the law privileges, so the capitalisticdemocracy existed. When the Opium War failed, some patriots advocated "learningfrom the West". They wanted to learn advanced technique and new system from theforeigners. It was an epoch-making thing. The influence about the legal aspect wasaccelerating the government to innovate the law. had been emended. The Qing government began to explore the advanced legal mode, this was a veryimportant step.This essay discloses the Qing Dynasty's law privileges and its socialimperilments, and discloses the essential of the law in Qing Dynasty: it served theinterest of the governor class, and it was an effective tool to achieve the politicalrule.
Keywords/Search Tags:The Qing Dynasty, law privileges, the eight-flag landowners, social imperilments
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