An Analysis Of "Family Members Of Exiled Prisoners" In Qing Dynasty

The " family members of prisoners" in the " Qing statutes and regulations" are laws that stipulate the legal status of the family members of prisoners.The content of the law of " family members of exiled prisoners" can be traced back to Qin and Han dynasties,when there were imperial edicts stipulating that " the wife should follow and occupy the place." After that,it was initially perfected in the law of " flow should be matched with crime" in the Tang Dynasty Law Review,and its scope of application is the families of criminals who commit such crimes as flow,migration and livestock poisoning.It was not until the Ming Dynasty that the legal name of " family members of prisoners in exile" came into being.Its scope of application was expanded to include family members of prisoners in exile,army,resettlement,rebellion,treachery,livestock poisoning,cutting and killing a family of three.Apart from the family members of prisoners in rebellion and rebellion,the family members of prisoners were allowed to return to their homeland after their death.In the Qing Dynasty,following the " family members of exiled prisoners" in the Da Ming Law,it was stipulated that the families of exiled prisoners were different.Wives and concubines were the ones to be resolved by them.The fathers and descendants were those who voluntarily followed them,with strong feudal family ethics.Through regular revision of the law,compared with the Ming Dynasty,the " family members of exiled prisoners" law has added provisions for the families of exiled prisoners,including those of exiled prisoners,army prisoners,exiled prisoners,resettled prisoners,conspirators,rebellious prisoners,animals and poisonous animals,people who have been cut off,and a family of three.Among them,it is specially ordered and ordered that the family members sent by them should be integrated with the criminals after they are assigned.Family members who are not sent by special orders and regulations will not be subject to the control of the offender after their match.After the death of the prisoner,the prisoner's family is allowed to return to their homeland.Family members unable to return to their homeland belong to the flag bearer and are required to wear armour in their place of residence.If they belong to the people,they will be placed as people.The families and children of the slaves who were sent to the army were sent to the soldiers as slaves together with the criminals.If the children born to ordinary soldiers,exiles and criminals who arrive at the match-making institution do not die,their children will be allowed to farm and trade abroad,and their daughters will be free to marry.If Ben had died,his wife would be allowed to return to China.Although Ganlong abolished his wife's law in 24 years,the family members of criminals who " should be convicted of crimes such as sitting and making livestock poison,cutting off people and killing three people who are not capital criminals" still have to be punished.The addition and deletion of examples make the provisions of some examples contradict each other,or " two cases of one thing" or " one case arises from another".In addition,although there are explicit provisions in the statutes,there will also be discrepancies in invoking the statutes in judicial trials.When there is no explicit stipulation in the statutes,local governors and judicial officials of the Ministry of Criminal Justice often face difficulties in applying the heteronomy in addition to or in comparison with the case.The Qing dynasty rulers formulated the " family members of exiled prisoners" rule,on the one hand,for the purpose of " banning violence and stopping rape",punishing crimes and safeguarding the autocratic monarchy.On the other hand,it strongly advocates that the legislative intent is " all the couple,free from separation" and takes into account Confucian ethics.However,his wife's law is not feasible in legal terms and cannot cover up the fact that women's rights are sacrificed for the purpose of ruling.Moreover,the actual implementation of " the death of the original offender and the return of the family members" has many contradictions with the public sentiment,which often leads to the situation of " the death of the original offender and the difficult return of the family members".In addition,the " family members of floating prisoners" article also has the disadvantage that the law is too broad and the content stipulated in the law is relatively limited.