Adjustments And Constraints Of Qing Dynasty Costume To The Law

Costume is referred to as the mourning system. The mourning is an importantpart of the funerary rites. In ancient of China, the relationship between family ormembers of the society and the deceased is denoted by different materials and theperiod of varying lengths. After the WeiJin Dynasty Costume was used in the law toexpress the standard of the penalty measurement. Costume was originally just aceremony, because its relatives Level division could maintain order, it was laterapplied to the law and being evolved into the the legal system as an adjustment ofsocial relations.Feudal society focuses on the concept of class, so the concept of identity isparticularly important, and the entire feudal rule of law are built on the basis of theidentity, therefore the Costume that adjust kinship is particularly important role in thefeudal rule of law. This article is based on the last Chinese feudal society, and also afeudal legal master of the Qing Dynasty to discourse the Costume.The Qing is the last dynasty of Chinese feudal society, because of inheritanceand transplanted, the Qing dynasty system can reflect the changes in the legal systemand the development of the feudal society best, so do Costume. Explained from thepoint of view of the history of the Qing Dynasty in mourning, the contents of thesystem analysis of the changes in the process of comparison, the historical methodand different legal consequences of different kinship in legal example performance.Due to the service system involves two aspects of ritual and law, this article firstfrom the perspective of the ceremony analysis through 《The Qing DynastyCeremony》. Second, from the point of view of《The Qing Dynasty Law》respectivelyfrom the parents of the family and inheritance rights, property rights, marriage andfunerals, relatives guilty and litigation principles involving relatives start to analyzekinship through the control and influence of the legal community.Through the research, we found that Costume was used into law expressed thepursuit of class differences in the feudal rule of law values, but did not respect the objective facts of the legislation would inevitably lead to judicial confusion. Thenoble and humble violated each other, because the legislation was unequally and ledto the inconsistency of the legal consequences. It led to the humbler hurt noble in amissed condition was knowingly unintentional violations of the case is still inaccordance with the system of a heavy sentence, it was extremely unfair. However, asthe ritual Costume is worthy of our understanding and learning deeply. Improvematerial conditions in today’s society is more or less the society becomes flashy,people become apathetic, less and less enjoyable for the communication betweenrelatives. The ancients knew “filial was the most important kindness” and “loveevery old and child likes ours”, but someone nowadays claiming to be civilizationcould not do this. Speaking from the ritual, Costume is an impressive system, itspurpose is to make people aware of their own position in the family, we all have olderand children. Everyone came to this world is not a solitary person, each person hastheir own mission and responsibility. Despite the feudal rule of law as the basis of theconviction and sentencing led to the many unfair judicial trials and become nightmarehumble social status, Costume was designed to create a warm, orderly society. Afterall, a person is responsible for the family, the family is able to be stability and unity,and the society will have an orderly and stable development.