An Analysis About The Judicial Function Of Imperial Clan Court In Qing Dynasty

During the reign of the Qing Dynasty,in order to prevent the rebellion of the Seignior,on the basis of drawing on the experience of the dynasties,the Imperial Clan Court was established as a specialized agency to manage the royal affairs.The royal family of the Qing Dynasty,including the ancestral hall and the sensational arrogance,began with the Nurgaci.This branch is called the ancestral chamber,and the branch of the uncle brother is called Juluo.According to historical records such as the Qing Legal Code and The Rules of QinDing Zongren House,the judicial functions of the Imperial Clan Court were studied through the combination of legal and historical thinking and perspectives.This paper analyzes the role of this function in maintaining the Qing Dynasty's rule,the clearly position and the understanding of the Imperial Clan Court at the same time.As the central institution directly entrusted to the emperor,the Qing Dynasty Imperial Clan Court not only inherited the administrative,economic,and educational functions of the royal administration,but also established judicial functions.This is not only a major change in the establishment of the Qing government,but also a higher status of the Clan House than the former royal administration.In addition,the enactment of the "The rules of QinDing Zongren House" made the relevant legislation of Gioro evolve from the clan family law in the early Qing Dynasty to the enactment of special laws and regulations.In the Qing Dynasty's handling of the case of Gioro,the rule of law was adopted,which was based on the "King Ding Clan House" and the "the Qing Legal Code".These laws have gradually institutionalized and matured the management of Gioro,but the "Gioro's Articles of Association of Proceedings" promulgated in the late Qing Dynasty was not applied in judicial practice because of the destruction of traditional legal concepts.Since the Shunzhi period,the cases concerning the Gioro had been unified into the patriarchal government and these cases had been handled by the Imperial Clan Court or handled with the accompany of the board of revenue and the criminal department.The types of trials of the Clan House include the marriage of the ancestral hall,the human life,and special cases related to their identity.As long as one of the parties was a imperial clan or Gioro,Imperial Clan Court will conduct a unified hearing.In the case of the accusation of the Gioro,Imperial Clan Court just accepted the accusation which the Gioro charged Han Chinese or bannermen.If the Clan House found that the accusation was none of Gioro's business,Gioro would be punished as usual.Not only that,but the Imperial Clan Court also imposed restrictions on the accusation of women in the ancestral hall and the Imperial Clan Court just handled the case of rebellion.These related restrictions distinguished from Han Chinese and bannermen,maintained the status of Gioro and restricted the privilege of Gioro so that they can keep their own points.In addition to enjoying the "eight arguments" privilege,Gioro of the Qing dynasty also enjoyed special privileges that punishments were converted into fines and equivalents.However,combined with the specific case,it can be found that when it is necessary to maintain the confucian ethics and the royal honor,the Imperial Clan Court or the emperor would give a reduction in sentencing.When Gioro harmed the country,the emperor would condemn Gioro to death.By summarizing the special sentencing of the Gioro case,the case handling can be traced.In addition,the supervision of the Imperial Clan Court not only passed the emperor's judgment,but also the mutual supervision and inter-sex system among the official.But the emperor's highest judicial power sometimes crossed the judicial process and led the case.Through the in-depth studying of the judicial function of the Imperial Clan Court,it only can we discover the diversity of the statutes of the Qing Dynasty and the completeness of the judicial process,but also find out the problems in the application of the law of the Qing Dynasty,that is,the conflict in the application of Manchu law.The same type of case is based on different laws and the judgment results are quite different.In addition,the trend of the "de-nationalization" of the judicial system in the Qing Dynasty also revealed that whether the formulation of minority policies or the improvement of the judicial system nowadays,it should be carried out under the background of the unified national legal system.Adapting to local conditions and follow the principle of appropriateness.In general,the judicial function of the Imperial Clan Court keeped the status of the clan,while limiting it to the extent permitted by the state's legal system.The rulers of the Qing Dynasty improved the state legal system by enacting laws,and constantly reduced the legal differences between the two ethnic groups in Manchu and Han,so as to better safeguard the Qing Dynasty rule with the imperial power as the center and multi-ethnic development.