The Study Of Donated Redeeming System In Qing Dynasty

Redeeming System is one of the distinctive systems of Chinese traditional times,which was epitomize in Qing Dynasty and have the very progress.Existing research of Redeeming System of Qing Dynasty concentrates on the institutional level,focusing on evolution before and after,but less on the reasons of evolution and the actual operation of the system.Also,evaluation of redeeming,especially of donated redeeming is regard as a privilege of impunity by money.In this paper,Donated Redeeming System is the main research object,besides Redeeming System defined by laws and regulations of the Qing Dynasty.Through presenting the process of Donated Redeeming System from emergence to finalization in Qing Dynasty,the reason of why Donated Redeeming System became a fixed system would be discussed.In addition,through specific cases,this paper explored the role of Donated Redeeming System in relation of imperial power and local power,and also in Redeeming System in Qing Dynasty,using Donated Redeeming System as starting point.The paper would like to deepen the study on legal history of the Qing Dynasty.Besides introduction and conclusion,this paper is divided into four chapters.The first chapter briefly introduces the range of application and ransom in three types of donated redeem defined by The Qing Code,on which foundation clean up the process of Donated Redeeming System from emergence to finalization through a series of cases and imperial edict.The second chapter,firstly,discusses the operational procedure of Donated Redeeming System in detail,in aspects of in and out of Beijing;secondly,by analyzing part of files during the reigns of Emperor Jiaqing,investigates the actual operation situation of Donated Redeeming System;thirdly,compares Donated Redeeming System with general Redeeming System and summarizes characteristics of the former.The third chapter discusses the subtle relation between local and central in the system of donated redeeming,in cases of Zhuang Yougong,viceroy of Jiangsu,permitted Zhu Ran to donate redeem without authorization during the reigns of Emperor Qianlong,and cases of some local people applied to expiate for ex-officer by donated redeem during the reigns of Emperor Jiaqing.The fourth chapter discusses the inner idea of Redeeming System,such as respect moral and advocate manner,prudential punishment,and encourage rehabilitation,evaluates advantages and disadvantages of Redeeming System.Redeeming System of Qing Dynasty was followed by Ming Dynasty,and developed during actual operation process.During the reigns of Emperor Qianlong,imperial government of Qing Dynasty defined donated redeeming as a system,replied to a wider range,which avoided some problems caused by existing redeeming system to some degree.Redeeming System in law meant going by the book in most cases,while Donated Redeeming System should be finally decided by emperor before operation.The emperor could not regard property as evaluating standard,which indicated that efforts from emperor of whether severity of crime could be set as standard avoided problems of excessive permission for punishment and redeem,and justice of law.In other word,defining donated redeeming as a system was an attempt for emperor of Qing Dynasty to amend the disadvantages of traditional redeeming system by arbitrary personal power and value judgments.Meanwhile,defining donated redeeming as a system,in a way,strengthened control of subjects from governors.Since ancient times,human feelings is always an important factor in the Chinese society,and harmonizing emotions with laws has been a common principle used in particular legal practice in previous dynasties.Hence,redeeming system existed as the best interpretation of this principle.Thus.on the one hand,law of Qing Dynasty epitomized the overall laws,hitting the pinnacle of the development of traditional law,which made strict and detailed regulations in every aspect of state and society.On the other hand,in the implementation process of the law,officials at all levels adapted social life and customs,instead of sticking to letter of the law,hoping to operate laws with emotion,so that although the law is harsh but not heavy.The departing between practice and expression made the legal system of Qing Dynasty has a considerable degree of flexibility which perpetuate government of Qing Dynasty.Certainly,Redeeming System had all sorts of shortcomings,but it had been long-time continued during traditional era which indicated its necessity and rationality.Redeeming System is not only a privileged system for the rich escaping from legal punishment,but also the important method of prudential punishment,source of some fiscal revenue and subjects control.