A Study On The Sentencing According To The Zei-DAO Chapter Of The Bo-An-Hui-Bian

Sentencing as a basis for the law,the prisoner's discretionary punishment of the trial activities,is the process of the implementation of the law.It's also the impact of the relative rights of individuals activities.The judiciary in the process of sentencing in accordance with the principles,basis and so directly reflect the legal level at that time,the results of sentencing is fair or not not only related to the legitimate rights and interests of the parties to the case,but also about the people and the law behind the state power Believe in or not,and thus affect social stability and the rule of law.China's thousands of years of legal process itself has its own unique sentencing methods and principles,reflecting the traditional value of choice and judgment.In the sentencing problem is still restricting the rule of law and the degree of the people's legal beliefs today,or by drawing on the ancient sentencing wisdom to improve the current sentencing practice,so that the rule of law can be achieved so that people from every case to feel fair and justice,through a case To recognize the authority of the law.Qing Dynasty as the feudal society of the last dynasty,the legal system and the judicial model is mature,there is a strong reference.And to understand the sentencing of the Qing Dynasty,Bo-An-Hui-Bian is the most representative information,"case case" as the Qing Dynasty Qianjia period of the compilation of the case,the cases are generally the original file and dossier,With its authenticity,comprehensiveness,authoritative characteristics and has a high research value.Through the analysis of the case,in order to clearly get the current situation of judicial operation.Thieves robbery has always been a severe blow to the rulers,thieves robbery is located in the "Qing Dynasty law criminal law" in the first,"copy case" in the thieves robbery case detailed study can summarize the sentencing situation and useful experience.The case of the thief in the case of the case is reflected in the punishment of the prisoners,which reflects the principle of moderate punishment,conviction,prudent sentencing and reasonable sentencing.In the process of sentencing,Crime and damage caused by considerable In the case of dismissal of the governor,the punishment of the Ministry of Punishments is mostly convicted,the case is not true,the charges are heavy and heavy,the relationship between life and death,the rate of failure,reflects the sentencing prudence,and strive to just the principle of sentencing.In the specific case,in order to judge the specific behavior of the parties in the case of ordinary people,so as to judge the sentencing of the circumstances of the case,so as to truly punish the guilty,to achieve substantive justice,reflects its reasonable,The The principle of sentencing is embodied in a specific case,revealing the prevailing sentencing in the process of sentencing has been insisting on the guidelines.In the specific case,you can analyze the sentry who want to pass the sentencing to achieve the "provision of the provision,the sentence without punishment",stability of social order,punishment and evil against the purpose of sentencing.At that time sentencing,the pursuit of the justice of the entity,so that the perpetrators get punishment,so that innocent people get reasonable compensation.At the same time,through sentencing,to prevent crime,the purpose of stabilizing social order.In the case also reflects the sentencing for the fact that the situation,the plot,the choice of the law,the determination of charges and other aspects of rigor,the application of criminal law prudence,which for today's sentencing also has important reference.