The Investigation To The History Of Qing Dynasty Torture System

In Chinese ancient history, torture, from the western zhou dynasty began on system until the late qing dynasty, which has experienced XiuLv abolish whole are absent, take an examination of ancient legal history, after germination, development, complete three stages, to qing dynasty, has developed very complete. Torture system is the qing dynasty judicial system an important constituent, its most occurred in judicial judge link, the qing dynasty to the law has relatively complete system of torture and clear rules. Due to torture can make the judge solving more efficient, convenient, torture is the commonly used gimmick of solving ancient sheriff, also can saying is the sheriff handling method of ancient love, not excepting solving sheriff in qing dynasty. But compared with other feudal dynasty, the qing torture not only in content system of many changes have taken place in the actual implementation, and also showed extreme abuse phenomenon. The qing dynasty torture system change its why, the specific performance in those aspects? The qing torture in the actual implementation system of the extreme cruel and abuses of the reason? To find out how these historical facts in the original intention, this paper attempts to relevant laws and regulations of the qing dynasty torture system to comb and handed down in qing dynasty literature about the history of the implementation of the torture to describe the inspection, from the static and dynamic system rules to judicial practice two aspects, reductive qing dynasty of the basic features of torture, revealing the qing dynasty and the actual operation system of torture to actual operation of the root cause of abuse torture. Meanwhile, mirror thought a socialist country under the rule of torture early eliminate the phenomenon of reference provide history.In this paper, by the full text in text and epilogue three big part of composition. In part this mainly introduced the basic motive, the writing of this topic research value, now investigate conditions, the problems and the basic material and research methods.This text part is the main part of the five big dots by. The first big point "in the legal conditions" qing dynasty torture in qing dynasty, this paper analyzes the sheriff solving, concluded that the order of qing dynasty is not solving DongXing fractured, but first with "five listen" to review the conclusion, Richard quit focuses on illegal torture sheriff in qing dynasty to the responsibility. Second point "in qing dynasty torture part, main body" qing dynasty in this paper can be used torture judicial justice general subject and method of special subject. In the third bigger "qing dynasty torture object" qing dynasty, focuses on the part of the law in key care by torture officials and publicity of crime; In the first four point "in" the qing dynasty, the method of torture to emphasize the legal method and the qing dynasty torture commonly used method. And the last part of the text, the author tries to from dynamic perspective, through the historical description in qing dynasty torture system in judicial practices actual operation and reveal the qing dynasty judicial practice keen to torture, abuse torture fractured the fundamental reasons.Epilogue is the summary of this article and the prospect of the future study.