Study Of "Intimidate People To Death" Statute Between Relatives In The Qing Dynasty

“Intimidate People to Death” in Ming and Qing Dynasty is quite different fromthe modern theory of criminal law, and there are many related research, but mostlythey trend to illustrate certain aspect in ancient China through selecting cases. Thisthesis is intended to find out the mode and the principles that the Qing Dynastyjudicial officials use in these cases, and the influence of the “Relative” background,in order to draw general conclusion, by these case materials and judicial norms.The main topic of this article is to explore for the cases when there is exist ofkinship between the deceased and the responsible. The paper consists of the Preface,the Main Text of4Chapters, and the Conclusion, about more than40,000words.The Preface is for introduction, including the reasons for me to choose thesubject, and then a review of so-far completed researches, to seek for the textualspace of this thesis through the literature review.The first of the Main Text provides the definition and the scope of “Relative”,and the content and the connotation of the “Intimidates”, and the relationshipbetween “Relative”,”Costume” and “Law”. And then divide the provisions into thegeneral and the special parts, plus the statues about “Relative” by using acombination of words and tables.The second and the third chapter is intended to analysis the “Intimidates” cases among the relatives, divide those cases into two types, and then cut them into threepieces——" between grandparents, parents and children, grandchildren,"" betweenhusband and wife " and " among other relatives ". So as to meet the purpose of thepaper, and for reading more concise. In the analysis of the specific cases, there aretwo sections: firstly, using forms to analysis those cases; secondly, using specificcases to analysis the trial and applicable statue to the case, and come to a conclusionin each section.The Fourth Chapter describes the trail mode and status of use of “IntimidatePeople to Death” between the relatives.For conclusion, Qing judicial officials compliance with the formal requirementsto make use of both the substance and validity of the judgment，on the basis ofhuman, ritual, morality, justice and so the overall normative concepts of HeavenGraded, and be judged constantly for the appropriateness of the sentence, and theintegration of law.