The Qing Abetting The Words Of First Instance "statutes Research

"Instigate the lawsuits"is one of the provisions of"Qing Imperial Code", which is originated from Tang Dynasty. It has been officially ruled in the code since Ming Dynasty. The provision of Qing can be traced to Ming Dynasty, just with much modification in content. And the punishment got much severer.This paper can be divided into four parts. The first part briefly outlines the previous achievements on"instigate the lawsuits". In the second part, the historical origins and development are studied in details. And then, based on the second part, the author classifies and analyzes the code according to the different objects of the punishment. After analyzing the cases from the book"Xing An Hui Lan", the author reveals the possibilities of the code applying in the modern society.While, in the last part, from the perspective of government of central and local as well as the folk society the author attempts to explore the implementation in actual life and to reveal the social order and the attitude of average persons at that time.In Qing Dynasty, the number of lawsuits became increased. The purpose of ruling"instigate the lawsuits"was calming downing the suits by punishing those who instigated. However, the lawmakers ignored the fact that the increase of the number of lawsuits is just the result of the development of market economy. With the population grows so fast, the increase of lawsuits cannot be avoided. The great difference of lawmaking and actual life demands that the offence of"instigate the lawsuits"cannot be achieve the result that governors expected.