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Quantitative Analysis Of The Qing Code In The "Five Penalties" Applications

Posted on:2018-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2346330515488021Subject:Legal history
Abstract/Summary:PDF Full Text Request
The Qing code in Qianlong five years (AD 1740) to complete, become the Chinese traditional code development of the highest stage of the logo. The Qing code in the statutory penalty for Caning, Exile, imprisonment, Exile, death, commonly known as "five penalties."Every sentence of "five penalties" has its own unique legislative meaning.Caning, used to punish the slightest criminal behavior, aimed at making the crime of shame, to discipline,enlightenment of legislative intent. Bludgeon, used to punish more serious criminal acts.Legislators believe that the offender has been obliterate shame,so no longer use the flogging,and the use of sticks, focusing on warning.Imprisonment and exile is an intermediate punishment,punishment for more serious offenses?The application of these two penalties can be achieved both for the purpose of punishing serious crimes. While preserving the lives of the offender.The death penalty is the most severe punishment in the Qing code.The frequency of application of "five penalties" in the full text of the statute is also different.The highest frequency of application in Officials Law is bludgeon, the second high is caning.Death penalty in the back of caning. The frequency of application of exile and imprisonment is at the end. In the case of the law, the highest frequency of punishment is the penalty. Followed by caning. Imprisonment, exile, the death penalty in the backend. Ritual law, the application of "five punishments" the highest frequency is bludgeon.The number of applications of caning is about half that of bludgeon.Imprisonment,exile,the death penalty application frequency is almost the same.This shows that the punishment in the Ritual law to warning,enlightenment as the main purpose to punish the crime as a supplement.In the Army law, the application of the highest frequency is still bludgeon. Caning, the death penalty followed.Imprisonment, exile low frequency applications. And the difference between the two is very small.Criminal law, the application of the highest frequency is still bludgeon.However, the second highest frequency of application is no longer caning, but the death penalty. The frequency of application of caning is the last.Imprisonment, exile in the middle. Criminal law is the only one application of the death penalty rate of the second high, the application of the lowest law of caning.Death penalty in the prominent position of the Criminal law shows that the Qing code uphold the"what the most urgent task for a country's governance is to punish violations of property,personal injury, against the government's criminal behavior" spirit of the legislation.Engineering law, the application of the highest frequency is caning. This has a strong contrast with the Criminal law. And there is no law in which the death penalty is applied.Bludgeon application data followed by caning behind.Imprisonment, exile application data came in the last. And the same number of both.This fully states that the purpose of punishment in Engineering law is to educate and warn the perpetrators of the preservation of their lives."Six laws" in addition to the Criminal law,bludgeon frequency of application are the highest. In addition to Criminal law, caning application frequency is second.Throughout the Qing code,the most widely used "five penalties" is bludgeon, followed by caning. To some extent, we can say that the Qing code punishment is bludgeon,caning as the main punishment,attention to education, warning offenders. The death penalty in the middle.This shows that the Qing code on harm the power of the monarch and political, endanger national security, loss of humanity and ethics, Infringing property and injuring the person and other major vicious crimes do not tolerate, zero tolerance attitude.Although imprisonment and exile application frequency in the last, but the data between the two and the death penalty data is not much difference.This can explain the Qing code in the process of punishing the crime also pay attention to the lives of criminals.
Keywords/Search Tags:Caning, Bludgeon, Imprisonment, Exile, Death penalty
PDF Full Text Request
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