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The Research Of Qing Dynasty Laws

Posted on:2015-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z J ChenFull Text:PDF
GTID:2296330431496883Subject:Legal history
Abstract/Summary:PDF Full Text Request
Qing Dynasty laws is to be innovative and develop on the basis of Ming Dynasty laws, is the mostrepresentative of the feudal era written code, with "six traditional Chinese homicides" as the object of study,to the legislative and judicial practice Analysis from two angles."six traditional Chinese homicides"concept, features, category, sentencing rules, judicial practices and characteristics of the highlights of thelegislation, which more clearly recognizing the" distinction between the six traditional Chinese homicides"between help us more fully understand the principles of the Qing Dynasty legislation and features, whichhelp us to be more scientific and objective knowledge of history, provide a reference for future legaldevelopments.The paper is divided into six chapters.The first chapter:Introduction. In the Qing Dynasty "six traditional Chinese homicides" for the study,discuss the "six traditional Chinese homicides" because edge research, the main research methods andresearch purposes, the results of previous studies, and the main structure of the article, indicating that thefocus of the article writing.The second chapter:the research on “murder” in the Qing Dynasty laws. Analysis conducted fromQing Dynasty law "murder" concept, features, category, sentencing rules and judicial practice status,indicating the identity of the impact of differences in the sentencing and the "murder" sentencing heaviest,but also indirectly reflects the legislation and legal practice fit.The third chapter:the research on “intentional homicide” in the Qing Dynasty laws. Analysisconducted from Qing Dynasty law "intentional homicide" concept, features, sentencing rules, and otheraspects of the practice of law, statutes, and from the limited few cases in which we can know itsshortcomings in the legislation.The fourth chapter:the research on “fighting to kill” of the Qing Dynasty Laws. Analysis conductedfrom Qing Dynasty law "fighting to kill" concept, features, category, Victim Protection System, sentencingrules and legal practices, so that for "premeditated murder" and "fighting to kill," there is a clear distinctionbetween cognition. The fifth chapter:the research on “homicide because of joking”,“homicide by mistake” and“manslaughter” of the Qing Dynasty Laws. Since the Qing Dynasty law deliberately light weightnegligence law for its interpretation of the text of which is less, which has little case, so as a chapter.Analysis carried out from their concept, features, sentencing and legal practices, so as to achieve a cleargrasp of the difference between them.The sixth chapter: Qing Dynasty law "six traditional Chinese homicides" highlights the feudalcharacteristics legislation. Analysis by the "six traditional Chinese homicides" legislation and legal practice,which we can see several features of the Qing legislation, from which we can see science and objectivity ofits legislative history for our future research to provide a reference.
Keywords/Search Tags:Qing Dynasty law, six traditional Chinese homicides, Sentencing rules, Legal practice
PDF Full Text Request
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