On The Legal Interpretation Of The "Essence Of The Eight Characters" In The Qing Dynasty

As far as we known the elementary form about eight terms of law has appeared in Ming Dynasty. Since Qing Dynasty especially on the period of Emperor Kangxi and Qianlong. the eight terms have been regularized by long-terms judicial practice. Ultimately the regime listed the official interpretation of the eight common keywords( “yi, zhun, jie, ge, ji, qi, ji, ruo”),also show it as the fruit of Private Note in Ming Dynasty and Qing Dynasty. And the Qing code put it in the first part of the book, shows how important it is. Finding the meaning of the eight words helps us accurate to understand the Qing code's spirit and grasp the spots efficiently.First and forehead, we try to clarity the origins and developing process of the eight terms. Some main parts of the eight terms has been found hence Tang Dynasty's code, but till Ming Dynasty there was still a lot of misleading on it. Ultimately, the eight terms has been stabled in Qing Dynasty, they gave a hand to deal with the judicial practice. We can assume that there must be an logic rule inside we still could not figure out.Through defining and disturbing it, we made the literal sense research.Secondly, as an national regime, Qing Dynasty has its own features. Although the ruler at Ming Dynasty has already done much more researches on eight terms, that Ming's jurists achieved a lot, but Qing Dynasty were more interesting in and focus on technical legal interpretation.we presume that they might consider about the difference between the cultures. we can also by finding out the relationships between Lv and Li,Analogy and Bifu to release the identity of Man culture.Last but not least, using the perspective of the legal interpretation of the modern criminal law and civil law theory to analyzed the junctions with the German philosopher Gadamer's theories and Ming Qing Dynasty's legal interpretations. Basing master of verbal philosophy Wittgenstein's lectures to dig out the philosophical sprits of the eight terms, as mean while doing some legal cultural comparison.