Study On The Problem Of Mad Crime In Qing Dynasty

Psychiatric crime is a common type of crime in modern society.There is no concept of mental illness in ancient China.In ancient China,mental illness was called "madness",and it was subdivided into "dementia" and "crazy" according to the degree of madness.The ancient Chinese had long recognized that mad patients are different from normal people,and established the "three amnesty laws" during the Western Zhou Dynasty to exempt penalties for "stupid and stupid" people.Subsequent dynasties have adhered to this principle.Except for committing the "ten evil" felony,the law has exempted the punishment of mad patients.As the last dynasty of the feudal dynasty,the Qing Dynasty inherited and developed the laws of the previous dynasty.Regarding the crime of mad disease,the Qing Dynasty made comprehensive legal provisions on the crime prevention of mad disease and "crazy homicide".In actual life and administration,because ordinary people have ambivalent and complicated emotions towards mad patients,on the one hand they have a sympathetic attitude towards mad patients,on the other hand they cause unexpected damage to mad patients Fear,so advocate strict control of mad patients.The official Qing government’s attitude towards mad patients is ambiguous.On the one hand,the government requires the families of mad patients to exercise strict management and control over them.Only when the family members are unable to manage and control,the government will manage them.Although the "Law of Qing Dynasty" stipulates that "madness killing" shall be handled in accordance with the principle of foreclosure,but in judicial practice,"madness killing" is not applicable to cases where madness kills relatives and madness kills many people.The principle of foreclosure.It can be seen that the general public’s attitude towards mad patients affects the characteristics of official management and legal regulation of mad patients.At the same time,the principle of compassion punishment also determines the characteristics of the system of protection and appropriate punishment for mad patients by Qing law.The thesis is based on the cases involving mad patients in the "Criminal Crimes Survey" and based on the actual judicial cases.It analyzes the different attitudes of the Qing Dynasty and the government towards the mad patients and their differences in managing mad patients Responsibilities,summarizing the Qing Dynasty government’s protection and limits for mad patients with crimes,and providing reference for the protection,management and limits of mentally ill patients in modern society.