On The System Of Trial During Lunar Autumn In Qing Dynasty

The system of trial during lunar autumn in Qing dynasty was one of the most important judicatory institutions in Qing dynasty,which prescribed those prisoners who accepted the guilty of "zhanjianhou" and "jiaojian hou" should have their executions postponed to the next fall to be checked from the local governors to the emperor again instead of be killed right away. The process of checking consisted of the inspections of state, governors of the checking department and Emperor. The system of trial during lunar autumn was a very special Institution in the history of law systems obviously.It was may not be humanistic from different angles under different circumstances that prisoners suffering more from the checking process mentally and physically, but from the angle of traditional Chinese juristic system many people believe that it was a merciful act.This paper consists of some parts as the next:Preface introduces the definition and origins of the system of trial during lunar autumn. The aims of this paper are the review of concerned research. Readers can comprehend about the system of trial during lunar autumn in Qing dynasty briefly.The principles and the procedures of the function of the system of trial during lunar autumn in Qing dynasty, this part is the key installment of this paper. which includes "meticulousness","traditions of confusions" and "autocracy of the emperor.""The trial on autumn and winter" There are also discussions focused on the function of the system of trial during lunar autumn in Qing dynasty. Specifically, the procedures include the checking process of the local country governors, the provincial governors, ministry of justice, the emperor and whole court.The characteristics and the evaluation of the system of trial during lunar autumn, which includes immobilization, incorporation and strictness, system, consideration, the specials from the angle of execution. The positive effect and negative effect, the positive effects are avoiding mistakes, stabilizing the society and support the feudalism, while the negative effects are over changing, less alert and the limits of the system of trial during lunar autumn.Conclusion talks about the nationality of law, specific characteristics of china legal institutions in ancient times, reformation of china law in modern times, something important we must study from the system of trial during lunar autumn in Qing dynasty and the china legal institutions in ancient times.