Study Of Statute And Judicial Practices Of “ju Sang Jia Qu” In Qing Dynasty

The choice of my theme of the article is based on the 2-year period of study of the court documents of Ming and Qing dynasty. After the study, I get knowledge of and get interest in the “Ju Sang Jia Qu” statute. “Ju Sang Jia Qu”statute provides that, during the certain period after the death of someone’s relative, he(or she) is not allowed to get married with others. The statute seems quite different from the modern theory of the criminal law, it essentially turns the moral obligation into legal regulations. If someone breaks the law, he must be punished by law.However, through the analysis of the judicial practices of “Ju Sang Jia Qu”, the author really impressed that, as a matter of fact, although someone violated the statute sometimes, he didn’t get any punishment. It can be said that, this is a fascinating phenomenon.The main topic of this article is to analyze the specific content of statute and judicial practices of “Ju Sang Jia Qu”, and with the help of its conclusion, the author can explore the reason why the judicial practices of “Ju Sang Jia Qu”violated the statute. The paper consists of the Preface, the Main Text of 4 Chapters, and the conclusion, about 40000 words.The Preface is for introduction, including the reasons for me to choose the subject, and a review of so-far completed researches, to seek for the textual space of this thesis through the literature review.The first chapter of the Main Text provides the development and transformation of the “Ju Sang Jia Qu” statute. At the beginning, “Ju Sang Jia Qu” was the provisions of the ritual. As time goes on, it became legal regulations, and eventually ascertained in Qing Dynasty.The second and the third chapter are intended to analyze the judicial practices of “Ju Sang Jia Qu”. The cases are divided into two types: “marry in certain period of death of relative’s” and “compell widow to remarry”. For the circumstances of the case, the former is always simple, and the latter seems complicated by comparison. But the judicial practices of both of them are violating relative legal regulations.The Fourth Chapter describes the judicial practices of “Ju Sang Jia Qu”violated the statute.For conclusion, Qing judicial officials compliance with the formal requirements to make use of both the substance and validity of the judgement. For those who marry in certain period of death of relative’s, judicial officials made allowance for their ineffable difficulties and reduced or waived their penalty; For those who compell widow to remarry, judicial officials always take them seriously, and call for other legal regulations to make sentence reasonable.It can be said that, although the judicial practices of “Ju Sang Jia Qu”violated the statute, they are congenial with reason and common sense.