Research On The Judgment Basis Of The Following Officials In Qing Dynasty

This article mainly studies the basis of the judicial judgment of the officials in the Qing Dynasty,and explores the judicial concept behind the basis of the judicial judgment of the officials in the Qing Dynasty,with a view to revealing the reasonable factors which may be of reference significance to the modern judicial judgment.The article holds that in the judicial trial activities of the Qing Dynasty,the civil cases were mainly judged on the basis of reason.If there were clear laws and regulations corresponding to the case,the officials would also judge on the basis of laws and regulations,and there was also a situation where reason and law were unified.In criminal cases,the stage of conviction after the officials have determined the nature of the crime is strictly in accordance with the law.However,the officials sometimes imitate the crime according to the law and sometimes quote the law as appropriate in the determination of the nature of the criminal.Therefore,it can be concluded that in judging judicial cases,both civil cases and criminal cases,the officials in the Qing Dynasty jointly adjudicated on the basis of "natural reason","human feelings" and "national law".The judgement basis of the officials in Qing Dynasty is unified as a whole.Judgment with two ends of law and emotion has always been the pursuit of judicial practice of officials in Qing Dynasty.This pursuit is influenced by the idea of "no litigation" in our traditional society.The Chinese nation is a nation that advocates harmony.The concept of non-litigation goes deep into the thoughts of rulers and people.Judicial activities can settle disputes and restore social harmony through education and mediation as soon as possible.Under the influence of this kind of thought,the application of laws alone can not achieve the effect of convincing two creatures,and rational consideration is particularly important.The judgment of the unity of emotion,reason and law has a certain reference significance for the construction of modern legal system and judicial practice.It can reduce unjust and false cases and quickly calm public opinion,and play a fundamental role of law.