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The Qing Dynasty Grievance Rehabilitate Of Outside Factors——based On The Case Study Oy Yangnaiwu

Posted on:2016-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:G M DaiFull Text:PDF
GTID:2296330470454227Subject:Legal history
Abstract/Summary:PDF Full Text Request
In recent years, various kinds of injustice have attracted extensive attention in China. The causes of injustice and vindications remain controversial ones. Therefore, it has become a consensus in the circle to deeply research and originally learn from these cases. Analyzing the causes of injustice and influential factors to vindications according to the cases in Qing Dynasty is, in fact, meaningful to the study of injustice in the Qing Dynasty and modern times as well. If research only one case, make it the typical one which has encountered twists and turns. Thus, Yang Naiwu’s case, which happened during the reign period of Guangxu and alternative of Tongzhi, will be the object investigated in this article. Full of twists and turns, this case has been long served, widespread and has gone through several levels of trials. By reviewing how it happened and restoring trial processes for a clear vindication system in the Qing Dynasty, this article is aimed at analyzing how the system was wrongly placed and most importantly revealing that the Yang Naiwu’s vindication was the concerted external effects other than the well-established judiciary system, so as to provide reference and historical materials to the research of vindications of nowadays’cases and its causes.Happened during the reign period of Guangxu and alternative of Tongzhi, Yang Naiwu’s case was one of the most rare and unusual cases, which was quite popular at the time. Though foll of twists and turns and has gone through several levels and times of trials, this case is not complicated. In addition with the exposure of newspaper, the case was renowned to all and had a profound influence. From the beginning to the end, the Yang family had sued for4years and three months. Due to the power of the public and help from officials who were dismissed, the case finally broke the rule of non-political system and was rectified by the Board of Punishment.Fraud, torture and corruption of local officials and the entire Qing Dynasty are the main reason causing injustice. Besides, officials of all levels stuck together, making it possible to ignore the rule of law. The Qing Dynasty had strict procedures to prevent injustice from happening, including trials of several levels, upper sue, central sue and file claims in court. In other words, the vindication system in the Qing Dynasty is rather well-established. However, Yang Naiwu and Xiao Baicai could not escape injustice under such strict trial procedures. There must be some deeply hidden reasons. Fortunately, the Yang family’s continuous effort had made it a success. It is quite common that almost every case was injustice in the Qing Dynasty, and Yang Naiwu’s case was just an exception. The main reason for his vindication is not because of the system, but because of his identity, a candidate of the imperial examination. With the oncerted effort of the public and the Empress Dowager, his case finally vindicated. However, injustice still existed in the Qing Dynasty because the judiciary was failed to be carried out.This article is divided into five parts as following:The introduction part is a conclusion of the article and response to related questions and help readers take a look at the current research on Yang Naiwu’s case. Part Ⅰ Reconstruction of Yang Naiwu’s caseThe first part is to introduce Yang Naiwu’s case and make sure with some facts. And then summarize a bit of influential details in conjunction with original material. Part Ⅱ Main ideas of the vindication system in Qing DynastyThis part is mainly focus on introducing systems of trials, upper sue, central sue and file claims in court. Part Ⅲ Failure of Yang Naiwu’s caseYang Naiwu could not be vindicated under the strict judiciary system, which indicated that the vindication system was ignored in a certain extent and failed to carry out. Part Ⅳ Reversion of Yang Naiwu’s caseThough trialed under the strict judiciary, Yang Naiwu still faced with injustice. But, he was unexpectedly vindicated because of the concerted efforts of external factors, instead of system itself. The external factors include the hidden power of Yang naiwu’s identities, enhancing his power in central sue. Part Ⅴ Conclusion Part V is making a conclusion of Yang Naiwu’s case. Thanks to several external factors, he was vindicated, while some of the cases remained injustice due to the failure to function of the vindication system.
Keywords/Search Tags:Qing Dynasty, Injustice, Yang Naiwu’s case, Vindication, External factors
PDF Full Text Request
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