Resea The Relationship Of The Imperial Power And The Law In The Qianlong Period-research Center For Literary Inquisition

Chinese legal history belongs to a branch of Chinese history, in the study ofChinese legal will be involved in various dynasties. The Qing Dynasty as the lastdynasty of feudal dynasties, because of its historically transitional period and save alarge amount of historical data, there are research fruits in the history of legal system.Literary inquisition taken as an important phenomenon of legal history in the Qingdynasty, the academic research on it is also very rich. This article mainly through tothe literary inquisition of the macro background and literary inquisition of the judicialtrial research, so as to clarify the relationship of imperial power and law in Qianlongperiod.The reason involved this paper from the literary inquisition, this paper analyzesthe carding the basic situation of literary inquisition, comb through to the basicsituation, the author thinks that was the prevailing policy of the rule of the Qianlongperiod are closely linked. In this part, the author embarks from the "literary inquisitionin the Qing dynasty” files of the case and combined with historical data and otherwritings, based on the specific case, the basic situation of the research was. On literaryinquisition have a preliminary understanding on the basis of the combination of macropolicy, the rule of clarify was contact with rule policy, thus proves the existence of literary inquisition is a service for the Qianlong period of the reign. Because theliterary inquisition was sponsored by the rulers to maintain their rule, so was thejudicial trial research is valuable for imperial power and the legal relations. Secondly,the author expounds the literary inquisition in the legal parts of the trial, the authorcombined with the "Qing law" studied hard and was the specific case, summed up thesentence was trial with legal basis and complete the judicial process, the authorthrough the was finalized basis and judicial process of case study, illustrates the lawof literary inquisition of the trial. Again, the author expounds the literary inquisition inthe wrong place. Through the analysis of specific cases and compared with theoriginal text of the Qing rules, the author found that the judgment was existed in theexpanding connotation of the charges, avoid criminal responsibility, that the heavierpunishment than law and so on. These show that the imperial power was the role ofjudge. Finally, combining with the former two parts, the author thinks that, in theQianlong period law restriction of imperial power has a certain effect, but stillimperial power to law plays a decisive role.The author through study from the macroscopic to the microscopic point of view,finally came to the conclusion is based on large amounts of paper. The author thinksthat the relationship of imperial power and the law never absolute, there is a checksand balances. From literary inquisition of the trial can be intuitive show therelationship of imperial power and law.