Analysis Of Blackmail Cases In The Qing Dynasty

Fraud is a common behavior in the Qing Dynasty,the basic pattern of behavior mainly for deliberately making body,the contact of goods,exaggerating the loss,ask for money,in order to achieve the purpose of illegal possession of.The government in this model is used as the actuator is blackmail to ask for money,the government decision to achieve the purpose,with a great social harm,is the focus of this paper.Blackmail case is by the regulation of "Qing law" in the Qing Dynasty,the "Qing law" although there is no special cases of blackmail,but there are a lot of relevant provisions also stipulates the blackmail,blackmail should refer to false law,law or law of misrepresenting a scare."Although the judgment about the blackmail behavior of Qing law" made clear,but the officials face review pressure,so often to blackmail case based on the society at that time use leniency in meting out punishment,and the bottom of the people living in poverty,resulting in the very common case of blackmail in the Qing dynasty.After an analysis of the concept of the Qing Dynasty,the statutes and case of blackmail combing phenomenon,this paper focuses on the process of Qing Dynasty blackmail case,in which evidence and judgment as the focus.In evidence,starting from the subject of obtaining evidence,divided into three aspects,the official parties and ensure Baojia,then from the types of evidence and evidence effectiveness analysis,divided into low effectiveness,expert opinion,witness testimony as three aspects of important reference,then from the angle of evidence reasoning analysis points in order to adoption and reasoning of consistent and "Five" system on the evidence of the two aspects,and finally on the burden of proof in the case of individual essence implies an analysis of.The main is to rely on the case summary analysis and judgment,in the collection of cases,only the extremely individual cases is in accordance with the provisions of the "Qing law" has made the decision,the vast majority of cases are a judgment or verdict but does not make the punishment.Among them,a lighter sentence the reason is not the same,some are in accordance with the law leniently,but there really is not according to the lighter.Based on the analysis of the case and the judgment of the Qing Dynasty blackmail evidence,combined with the litigation system in the Qing Dynasty,the last chapter of this paper summarizes the Qing Dynasty official made in trying the case that blackmail thought,in the premise of maintaining the rule of order under the self consciousness,and the reason was found to persuade the public interest litigation in four aspects.Among them,self consciousness is to identify officials to reflect their own requirements,reasonable judgment from process,situation,evaluation of three aspects,to persuade the public interest litigation is the first choice of blackmail case trial in the Qing dynasty.The last part of this paper,summarizes the full text in addition to outside,will also do a comparison with the Qing Dynasty blackmail modern pengci case,and puts forward some suggestion.