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Study On The Exile In Qing Dynasty

Posted on:2012-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q KongFull Text:PDF
GTID:2216330338970369Subject:Legal history
Abstract/Summary:PDF Full Text Request
Exile, that is, the criminals banished to the army as soldiers. This is a way of punishing criminals. It originated in ancient China early. However, the official name "exile" until Yuan Dynasty emerged. In the Ming Dynasty the exile developed to a peak. Qing Dynasty followed the exile system, and developed a standardized system. This paper based on the historical data, comprehensive discussing the exile system of the Qing Dynasty. Contrast the exile of Ming and Qing Dynasty in order to better understand changes of the exile of Qing. Find out the reasonable place of the system and point out that the role of frontier development.The text is divided into four parts.The first part discusses the development of the exile. By introducing the development of exile before the Qing Dynasty, understand the development of exile. Exile exists because there are still have a problem about lighter than the death penalty. The proportion of exile in the law of Qing is high, so that it attaches the exile is very importance in the Qing Dynasty. We select four periods' laws to observe the development of exile in the Qing Dynasty. The tables about miles are great achievements in the development of the Qing Dynasty exile. They make the choice of location become standardized, so that the level of exile becomes clear.The second part discusses the judgment. One angle is applicable to the offense, and applicable for wide range of serious crimes. Another point is applicable to more complex objects. Qing is the feudal society, so there are different levels for different prisoners. This part focuses on the application of various objects and the trial process.The third part discusses the implementation of the Qing Dynasty exile. This section expands upon the exile of the executive and judicial of the relevant provisions of the situation. The relevant period, identification of criminals, select escort officials, escort procedures, and many other aspects to make regulations. These prisoners are generally banished to parts of counties, directly by local management. The management of the prisoners there is no uniform plan and the provinces are mostly local conditions. If the prisoners escape, punishment will be very severe. During the reign of the Qing emperors have been forgiven Code enacted, the number of amnesty Code a lot, but there are strict enforcement provisions.The fourth part discusses the main differences between the Ming and Qing exile. We compare the Military System of Ming and Qing dynasties, to understand the main source of difference between the Ming and Qing exile. There are two types of exile by the standard, the name and apply. The name of exile in the Ming Dynasty can be divided into permanent exile and forever banished. Qing Dynasty initially used the Ming's, until the emperor Qianlong it established its name and to abolish forever banished. In Ming Dynasty, these are three types of application of exile, however in the Qing Dynasty the main form is direct provision of law. The different distributing mainly embodied in distributing locations is different. In Ming Dynasty, the method of determine location in including the direct provision of legal and temporary decision. The exile divided into five levels of Qing Dynasty. So far, there are four distances including two, twenty-five thousand, three thousand and four thousand. Meanwhile to the different agencies, deadline also gives a brief discussion. In a sin, forgive, the commutation of these aspects is larger difference. Ming usually does not sin, the commutation, and the provisions of forgiveness is a strict to wide, change again strict process. Qing Dynasty's forgive Canon numerous and gradually relaxed.The exile in Qing Dynasty has multiple purposes, including punishing crimes and cure for edge. Although it is not perfect, it still reflects the role about punishment of crime and full border.
Keywords/Search Tags:Qing dynasty, punishment, exile
PDF Full Text Request
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