The Causation And Regulation Of False Accusations In Sichuan County Of Qing Dynasty Based On Local Archives

Nanbu archives in the qing dynasty are recorded about judicial archives of nanbu county in sichuan province,from the 13~thh year of shunzhi(1656)to 3~rdd year of xuantong(1911).Baxian Archives in the qing dynasty are the judicial archives of baxian county in sichuan province,from the 17~thh year of qianlong(1752)to the 3~rdd year of xuantong(1911).They are regarded as a research material about sichuan province even southwest china in the qing dynasty.And It includes the political,economic,legal and social vicissitude important local literature.This paper selects209 cases involving false accusation in the Nanbu archives and Baxian archives from xianfeng to xuantong period of the qing dynasty as the basic materials.And it takes official documents,local records and other historical materials as supporting materials to make an empirical study of false accusation.This paper not only discusses the civil action in the qing dynasty according to the judicial archives,but also tries to combine the institutional history and social history to make an all-round investigation.And it tries to take the frequent false accusation in sichuan as an observation point to view a multidimensional picture of law and society in the qing dynasty.In addition to the introduction and conclusion,this paper is divided into four chapters,which are summarized as follows:The first chapter focuses on the social background false accusation.In the early qing dynasty,the population of sichuan was greatly reduced due to the influence of war and plague.The qing government carried out a series of policies of land reclamation and immigration,which improved the miserable situation of people's livelihood in the early qing dynasty.The contradiction between the huge living pressure and the limited living resources is increasingly prominent,the way people fight for and protect the interests is more radical,false accusation inevitably more.The second chapter discusses the causes of false accusation.The number of cases involving false accusations in the lawsuit is very large,the case is also very simple in terms of the situation shown by the form words,the cause of false accusations is often insignificant.To falsely reason mainly includes:Asking for money not successful,revenge.being stirred up,and so on.Behind these factors is the economic poverty of ordinary people.The third chapter analyzes the image and means of the false accuser.In litigation,the image of the people is vivid.They are not only for the traditional impression of"stupid",some of them are good at deliberately decorate themselves in the shape of words,some are familiar with the law and know how to use the legal rights;Some even know the law and break the law,challenging the authority of the law.In order to achieve their own purposes,take the first false accusation,changing name false accusation,,and other means to falsely accuse others.Chapter four focuses on the prevention and treatment of false accusation.The authorities prohibit false accusations by issuing laws,exhortations,and promulgation notices.In the face of false accusation in the case,the magistrate's decision can be roughly divided into substantive punishment and formal punishment.Substantial punishment includes:beating,taking the shackles and so on;The formal punishment is the forgiveness of sentiment and the approval of litigation.The wind of false accusation is difficult to ban,the reason also lies in:false accusation behavior itself has the relative security,the public mentality of the law and the existence of loopholes in the system.In the trial of the county magistrate,there are few punishments according to the law,but more of them are based on the purpose of"litigation settlement",trying to find the balance of the interests of both sides,while ignoring the harm of the false accusation itself to the society.In the concluding part,the author discusses the relationship between false accusation and litigation atmosphere in qing dynasty.The frequent occurrence of false accusation is a rebuttal to the public's"fear of litigation"and"hate of litigation"psychology,and is the evidence of the favorable atmosphere of"being good at litigation".The official management of false accusation is the judicial manifestation of the concept of"no litigation".In addition,this paper holds that although the content reflected by archives has the trace of alteration,it debases the historical value of archives.