Qing Dynasty Banners Criminal Justice Privilege

The system of 8 Banners(八旗制度) is a system unique to the Qing Dynasty. The presence of 8 Banners and the establishment of this system, once have enormous and far-reaching impacts on the society. In the Qing Dynasty, there had been a well-organized social groups which never had appeared in the past, the "Eight Banners". Eight-Banners-system was a very special social system both in form and content. Manchu is the core, Manchuria, Mongolia, Han for the setting up of the principal. Qiren groups were the backbone of the Qing Dynasty, its status and privileges of the status quo is the specific focus of discussion among scholars. This paper intends to conduct a comprehensive and in-depth study on Qiren criminal justice privileges. Text of the preamble, the text and closing three parts, the body is divided into three smaller parts.Preamble of the current focus on the status of research at home and abroad History of the Qing Dynasty, scholars in the history of the results of research and the research results of law reviewed and sorted out. Although previous studies on the Qiren Dynasty, including the United States, Japan and some other foreign scholars on the Eight Banners system has in-depth studies, but these studies are either pure system of research, either for the Eight Banners system for the problem thematic research, such as the Eight Banners livelihoods, the Eight Banners and flags research. Despite Qiren on the legal status of the article, but specialized research Qiren judicial privilege is rare. Therefore, the view of the current academic Qiren criminal justice research privileges is missing, the paper points out that the criminal justice privileges Qing Dynasty Qiren the significance of the study, and made the paper focuses on three major issues: First, the criminal justice privileges Qiren Rheological, and the second is the privilege of Criminal Justice Qiren specific content, and the third is the criminal justice.The text is divided into three small parts. The first small part of the criminal justice Qiren is the formation and evolution of privilege. Eight Banners system is that the gradual unification Nuerhachi Jurchen tribes, that the Government should suppress the process of reference Nuzhen has long been popular temporary soldiers hunting organizations "In Cattle" and created. It is unprecedented in China's history and has long-term existence of a special system, its formation and development of the Manchu, the Qing military, political, economic, cultural and other areas have had a significant impact. Eight Banners as a social group in the 300 years of development, its unique management methods, as well as their integration in the process of formation of the political, economic and social interests of the same living, thinking, psychological ethics, and values similar to the same pursuit. Eight Banners become a solid whole, and the people there were significant differences. Second Eight Banners introduced to the system formed the basis of the Qiren groups, and people Qiren pointed out that the distinction is not only a universal social phenomenon, it is a legal phenomenon. Third, the Review-all before the criminal justice privileges Qiren, on the basis of the criminal justice Qing Dynasty. The formation and evolution of privileges made omnibus presentation. Guan pointed out that the inheritance of the Qing Dynasty in the period on the basis of customary law, in customs after more than 100 years, is committed to establishing and maintaining the superiority Qiren legal status in the Qianlong period with the solid foundation of its rule, approved amendments to constantly adjust flag Liwen , civil legal relations, the trend is to reduce its total Qiren privileges, the flag of equal treatment.The second part of the body from the small horizontal Qiren detail the contents of the criminal justice privileges. In first part, it introduced Qiren criminal cases, the special jurisdiction. Qiren of the capital criminal cases jurisdictions Eight Banners are EC Amun, infantry commander Amun, in the person House, Neiwufu jurisdiction, such as the specific content was introduced, the garrison Qiren criminal cases, the jurisdiction of the Office of the governing organs of the organization in detail Introduction. Secondly, in the criminal trial Qiren privileges are introduced. Qiren hearing on the location of the trial, hunting access means, and whether Guibai torture, and murder of the test, the judgement of the development, imprisonment aspects, such as ways were introduced. Another special presentation on the proposed system on the eight Qiren privileges affected. Also this special presentation on the eight proposed system privileges Qiren the impact of the Qing Dynasty that in the adjudication of cases, although rarely invoked eight proposed terms, but the appropriate use of its spiritual connotation. In the Qing Dynasty, is not the use of the Eight Banners system, with the exception of the period such as Emperor Yongzheng period, in particular the eight proposed system is its spiritual connotation play an effective role, but are not strictly applied and stable. Again, a crime-free system and the removal of digoXinzheku, the system focuses on Qiren penalty in the implementation of the privilege.For the removal of criminal law is to preserve the special status of Qiren. Xinzheku at this time because all those officials for a breach of the erosion Qiren deficit Jianliang easy crimes such as criminal punishment. And such crimes are basically should be punishable by the imposition of the death penalty kill.In the part III, it summarizes the characteristics of the criminal justice privileges. Think that, first of all, Qiren criminal justice privileges hierarchical, arithmetic and orderly. Secondly, the Qing Government committed criminal breach of the Qirendahang condoned the Road, but their privileges again to the legal system do not break the unity of the boundaries. Third, the criminal justice Qiren privileges with the imperial power and the strengthening of the regime solid and steady decline until disappeared.Conclusion part in the overall criminal justice privileges summarized on the basis of the criminal justice privileges Qiren evaluation, and that the appropriate expansion and sublimation. Eight Banners that as a feudal Qing Dynasty backbone of the country, and Bulgarian Datianxia is an important force in the world, in the political, economic, and other aspects should be bound preferential treatment. In the text of their criminal justice privilege exists to a certain extent reasonable. For example, the removal of crime-free, stable sources of troops considered the main factors. However, because the Qing government in the Eight Banners system that the rigid attitude of the Eight Banners led to the decline. With the daynasty's final collapse and the country's disintegration, Qiren's privileges were also eliminated.