Study On The System Of Cautious Punishment In Qing Dynasty

As one of the oldest punishments in the world,the death penalty has lost its original color.The development of western economic civilization faster because of its economic and cultural development to a relatively stable period,social contradictions are relatively few and influence of religious culture of the western developed countries have abolished the death penalty system,China as the world's largest developing China home whether it is from the analysis of the history and culture of the country or are not completely the abolition of the death penalty system,but in the application of the death penalty should be less kill,avoid the wrong,be careful discreet death penalty.In fact,in ancient China's legal system,there is the performance of cautious punishment.The Qing Dynasty Chinese as the last feudal dynasty is a master of the feudal system,the legal system in the development to a peak.Before the Qing Dynasty and summarizes the experiences and lessons in the legal system,and emphatically in the application of the death penalty reflects the cautious punishment kill the forgiveness thought,has a great achievement in the aspect of death penalty punishment,has reference worth our further research and Analysis on the modern China carefully apply the death penalty system.In this paper,the Qing Dynasty from four aspects of the death penalty trial procedure of the implementation of prudent punishment.Through the specific process of the death penalty to explain the performance of the Qing Dynasty,and to learn from the useful ingredients for the death penalty system in modern China.In the discussion of the Qing Dynastys death penalty before the performance of the criminal punishment needs to do a comb.The cautious punishment is setting the penalty system be respectful and cautious.The cautious punishment thought originated in the Western Zhou Dynasty,"Shang Shu Lu punishment" made provisions on relatively general thought of cautious punishment.In the late spring and Autumn period,the thought of cautious punishment in the spring and Autumn period was mainly embodied in the judicial system.During the Tang Dynasty Tang Dynasty is the most prosperous history Chinese strong era of rapid development in economy,politics and culture,the development of thought of cautious punishment reached a small peak:the death penalty cases when there is "three division judge" system,in the case of the trial after the need for the death penalty review.The basic system of Song Dynasty inherited the Tang Dynasty,and established some new unique judicial system such as"book" system.The Ming Dynasty in the Tang Dynasty "three division judges" on the development of "three departments" system.The inheritance and development of thought of cautious punishment of the feudal rule of the Zhou Dynasty "are inseparable,are committed to the cultivation of virtue distribution of virtue" idea of Kings based show "Ming Shen punishment" concept in legal settings.In addition to the needs of the rule of Chinese traditional culture has also promoted the development of the thought of cautious punishment.The economic system is the basis of all of the superstructure,the cautious punishment thought is no exception,China ancient economic system is the basis of factors existing in the development of thought of cautious punishment,Chinese as traditional farming economy population is an important factor to measure the degree of prosperity of the country.Therefore,it is a matter of course for the development of the thought of cautious punishment.The death penalty system of the Qing Dynasty set up the basic system of the Han Dynasty inherited the further development,based on the summary of the death penalty system of the Ming Dynasty,in the setting of the death penalty system will clear the death penalty cases divided into "lijue" and "prison waiting two categories.The first transfer of litigation and interest in the trial of death penalty cases,no reconciliation cases strictly follow the "according to said,according to the decision for the principle of trial,conviction and sentencing in accordance with the law to be finalized,if there is no analogy can be quoted in accordance with the law.The death penalty trial procedure is mainly divided into two types:one is the death penalty cases;two is the central area of the death penalty cases.In the treatment of the death penalty case when the primary local judicial organs and state and county government to hear the case the case escalation to the provincial governors from the governor to the emperor by the emperor ruled out the final question.The central area of the capital region of death penalty cases grassroots judicial organs five procuratorate or command by the Xingbu yamen after accepting the trial and then exchange with three departments by the end of Xingbu led to the emperor by the emperor as a final ruling out problem.The law stipulates the death penalty cases are divided into two classes to handle,are dead lijue cases and death cases.In addition to dead lijue cases were immediately Juebudaishi was sentenced to death in prison waiting outside the case to check in autumn,this is the autumn trial,court trial system.The autumn trial,court trial system is the death penalty review system of Qing Dynasty to the original development,will kill the cautious punishment thought further,to all the excusable death penalty embodies the ancient rulers of a slim chance of survival,people to be excused people-oriented governing philosophy.The autumn trial,court trial system is embodied in the Qing Dynasty kill the cautious punishment thought,although it will be the ancient thought of cautious punishment to a new height in the Qing Dynasty but the death penalty review system in essence is the emperor centralized product,the review process is more symbolic than real significance,and the lack of specific review system due to the autumn trial,the trial system in the Qing Dynasty name too real,not to do cautiouspunishment wide t-shirt Although the autumn trial,the trial system has the drawbacks of the times can not jump out of the autumn trial,however,the emergence of the trial itself in the modern view of the glorious side,it is worth learning from.First,the ruling class attitude of cautious punishment thought attention is worth itself,China is now in the reform of the deepwater area,the gap between rich and poor,unfair social phenomenon,crime prone,in the strict legal system also should obey the law thought of cautious punishment kill,adhere to the less kill,avoid the wrong criminal policy,for further strictly regulate the death penalty,to reduce the crime rate by improving the social system,the importance of education and the role of the penalty punishment.Second,increase the death penalty case trial grade standard,can the death penalty cases preliminary hearing by the primary court,to solve the problem after the fact by the intermediate people's Court on the applicable law of the case for further processing,to avoid the occurrence of miscarriages of justice through multiple levels of court hearing.Finally,the death penalty review shall.be unified standard,whether it is the case for immediate execution of death sentence or death penalty cases by the supreme supervision,judicial organs shall review the death penalty cases,each death penalty case can be the most authoritative and fair treatment.