“Defrauding False Official” Crime In Qing Dynasty

“Defrauding false official” is a crime set in the False article of The Laws and regulations of the Qing Dynasty volume 32. It refers to act of defrauding office or fake officials to fraud,which is a crime of the past dynasties since the Tang Dynasty. In order to maintain their own rule, Feudal rulers always pay attention to protect the prestige and image of officials who are on behalf of their exercise of power. Those behavior that somebody fakes official name for criminal will be punished naturally. So, the provisions of those crime in our ancient laws has a long history, from Han, Tang, Song, Ming to Qing, and has become a perfect “Defrauding false official” crime statutes system. The Laws and regulations of the Qing Dynasty stipulates two rules of the law and nine regulations, which has a large number of provisions stipulated in the law code. At the same time, the Qing Dynasty in the judicial practice often use the provisions of the crime of “Defrauding false official” to regulate "Defrauding false official” crimes. “pretending official to scare for property" has become a frequent crime, which has a large number of difficult and complicated cases. But the study of the crime in academia is so little that we need an in-depth, comprehensive and systematic study to compensate for the blank of the crime. This paper intends to do a special research based on the analysis of relevant laws, historical literature and large cases in the book Criminal cases compilation, thus to systematically analyze legislation and judicial practice of the Qing Dynasty “Defrauding false official” crime and the realistic revelation to our country`s criminal law. further.The paper is divided into four parts. In the first part, the crime of “Defrauding false official” are summarized from macroscopic perspective, which defines the meaning of the word “Defrauding false official” and the historical development of “Defrauding false official” crime, so that the concept of “Defrauding false official” is explicit. The second part describes the legislative expression of the Qing Dynasty “Defrauding false official” crime, which firstly summarizes the inheritance and development of this crime provisions by comparison of before and after, then makes a systemic, in-depth analysis about constitution of crime, punishment species, and penalty discretionary of this crime, and lastly makes a comparison with analogous crime. The third part studies in the Qing Dynasty Judicial application of “Defrauding false official” crime, which summarizes the characteristics of dealing with “Defrauding false official”crime in the Qing dynasty through analysis of difficult complex and typical cases in the book Criminal cases compilation. The four part makes analysis of the realistic enlightenment for our country`s current criminal law, through comparing “Defrauding false official” crime in Qing dynasty with bluff and deceive crime in current criminal law.