The Culture Of Death Penalty Manifested From Autumnal Trial In Qing Dynasty

Autumn trial is a system in the Qing Dynasty,under which joint trial is held on death penalty on probation cases of all provinces except the capital every year.It is a significant part of legal system in the Qing Dynasty.Compared with other joint court systems,the autumn trial is elaborate,complete and more typical,which is pledged uppermost priority on by the rulers of the Qing Dynasty.Therefore,the death penalty culture and judicial operation from the central government to local areas in the Qing Dynasty could be better explored.On account of the special position of the Qing Dynasty in history,its death penalty culture is actually the summary of the traditional Chinese legal thoughts and the inheritance and development of the feudal dynasties.The main death penalty culture of the Qing Dynasty could be described from the following four aspects.Firstly,the Confucianism of benevolence and forgiveness is deep-rooted in the death penalty culture,which could be reflected by the strict procedures and the principle of prudence in execution of the autumn trial.Secondly,the nature-human integration conception is popular in the death penalty culture,which could be demonstrated by the establishment of the system of death penalty on probation cases and the time limit on the execution of death penalty.Thirdly,the ethic feature is distinguished in the death penalty culture,which could be manifested by the costume system and the system of permitting culprit to support lineal elders.Lastly,the solemnity and authority of the death penalty system is established,which could be indicated by the stipulation of immediated execution without the autumn trial and the death penalty approved by the emperor.