Research On The Implementation Of Criminal Justice In Larceny In Ba County During The Xianfeng Era

Baxian Archives in the qing dynasty are the judicial archives of chengba county,chongqing,sichuan province,between the 17 th year of qianlong(1752)and the 3rd year of xuantong(1911).This paper intends to use the "Selected Files of the Xianfeng Xianfeng Dynasty in Baxian County,Sichuan Province in the Qing Dynasty" as a research material to conduct a brief study on the theft crimes in the archives of the Baxian County during the Xianfeng Dynasty.According to the current situation of the archives research in Ba County,we can find that there are few cases involving theft in the existing related research,and there are a large number of cases involving “theft” in the existing archives of the Ba County,which has research on the criminal justice operation in the Qing Dynasty.Significance.The article discusses the related issues of theft cases from four parts.The first part,the report and investigation of the theft.In the Qing Dynasty,the governance style of the Ming Dynasty was continued,and the policy of the households Qimin continued to be adopted to incorporate the people into the management of the household registration system.This household registration system of Qimin has incorporated the public into a searchable book,forming an identity resulting from the household registration.That is to say,before the people report the case,the people who have the "identity" can get the identification and permission of the county magistrate.On the other hand,it is not that anyone who reports a case can be trusted by the county.The county has to do some investigation and filing work against the theft of the reported person to ensure the accuracy of the lost case reported by the owner.The second part,the thieves' arrest and detention.The main body of the thieves can be divided into the owner,the local security organization,and the servant.The owner can control the theft suspect only if he is in the middle of it.During the arrest of thieves,members of the local self-governing organizations such as the group,the head of the regiment,the chief of the regiment,and the chief of the court,even though their actions were not legal,they were not investigated by the county magistrate,and they were given the default and permission of the county magistrate.The right to arrest and detain the servant is officially recognized.Under normal circumstances,the owner has no detention,but the servant has the right to detention.For the efficiency of arrest,there are different arrest times depending on the identity of the thief.For the thief's place of detention,I believe that the "resting family" can be included in the study of the Qing Dynasty's judging.The third part is the result of the summons,bail and disposal of the theft.Through the discussion of the summons,confession,trial and medical treatment of Baxian County in the process of treatment,the actual situation of the judicial operation in the Qing Dynasty was investigated.Through the combing and analysis of various problems,we find that the trials in the Qing Dynasty counties are based on the interests of the people involved in the case,and the trials in Baxian County are based on the unity and purpose of the people.The fourth part is the conclusion.Through the analysis of the stolen cases collected,the privatization of local public security organizations and the criminalization of the criminal justice operation in the Qing Dynasty were discovered from the entire judicial operation of the theft case;the county officials judged the dependence of the case on the confession.It can be seen that the suspension of the law and the rule of man.