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Research On Human Life In The Qing Dynasty’s Criminal Law System

Posted on:2014-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y G WangFull Text:PDF
GTID:2296330467965155Subject:Legal history
Abstract/Summary:PDF Full Text Request
Human case is a kind of infringement of people’s life, the case in the laws of the qingdynasty, no citizen this concept, no more personal rights, the concept at all levels of society isnot equal, but has always been to protect members of the community of personal attention bymanchu rulers, because they know that if you don’t let life cases happened to prevent andpunish, will inevitably affect the ruler, the safety of their own class interests. Manchu rulers oflife’s handling of the case reveals the perfect degree of the qing dynasty’s criminal legalsystem, legal scholars to research there are few in our country, they not only in theory hasachieved very good results, but also to apply these theoretical achievements in the modernlegal system construction of practice, and to our country criminal law system construction,especially the related treatment of human cases, has played a great role.In the qing dynasty is the last dynasty in China’s feudal society, the development ofChinese feudal society mature degree of each factor has different reflected on it, the study ofhuman cases in the qing dynasty has the typical significance. Collection of China’s feudallegal system in the qing dynasty, the qing dynasty treatment of human cases method is also amaster who lived in ages past. Observed during the period of criminal legal system on humanlives, may be able to recognize the whole feudal age development of the legal system, furtherdeepen the understanding of the modern rule of law. Based on the spirit of research, I havecollected a large number of criminal records in the qing dynasty, especially the lives filesintact, the study of human cases of criminal legal system in the qing dynasty. Based in theqing dynasty, the study on criminal law system, human cases in qing dynasty as thebreakthrough point, from the guiding ideology of qing dynasty, suitable principle, judicialresponsibility to pick up in life some special case, discussed types of human life in the qingdynasty’s case, the case type and specific law and case combination of human cases in theqing dynasty from mining characteristics, expression form and deep social reasons.Full text besides preface and conclusion, divided into three parts.The first part elaborated the human case guiding ideology and related legal system in theqing dynasty. Qing for human cases has always been very seriously, and is relevant to thehuman life on the way of inheritance and innovation of the legal system constantly progressand improve. First of all, expounds the manchu guiding ideology of human cases, maintains the feudal rule and the privilege of manchu aristocrat’s fundamental starting point. Second,about the punishment principle in human case’s special provisions shall be applicable. Iselected the10evil surrendered, deliberation, and kept a close to. Finally, this paper discussesthe human cases involved, state officials of special judicial responsibility.The second part mainly discusses the types of human cases in the qing dynasty and itsdefinition, mainly including murder, murderer, kill, shot and killed five kinds of fault, thedefinition of five types is mainly through to the "qing law" regulation, or phase focus on law.Some more complex murder and manslaughter in more in detail, and combined with themodern criminal law theory is analyzed. Concept of which is easy to get confused, I have tocompare the difference. In each case type in human lives in the end, I have from the tabledlaunched a link or the lighter case assembly, delete selected some typical cases withexplanation.The third part mainly discusses the forms and characteristics of human cases in the qingdynasty and the deep social reasons behind the crime. Life forms are mainly on the basis ofthe specific case of case reason or motivation of the crime and points, a total of eight. Liststhe concrete manifestation of human cases in the qing dynasty, I then summarizes thecharacteristics of these cases, including means of diversification, people widely, motivationthe complication. Finally, I put the specific cases, and the qing dynasty of the social,economic, cultural, political, and draw a deep-seated reasons.
Keywords/Search Tags:Cases of human life, Criminal law system, Human cases of type
PDF Full Text Request
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