The Study Of The Trafficking Law And Analysis Of The Judicial Practice In The Qing Dynasty

The trafficking Law is a set of laws in the Law of Codex of the Qing Dynasty.It consists of seven general and principled laws and eighteen special and flexible laws.The composition of the regulations,the provisions of the Qing Dynasty trafficking Laws are very comprehensive and detailed,which reflects the characteristics of the Qing Dynasty's legislative crimes and the precise measurement of penaltiesFirst of all,from the point of the criminal acts,the law stipulates four kinds of enforcement actions:abbreviation,abduction,and selling,and temptation,as well as four kinds of criminal assistance behaviors such as staying,buying,and trading intermediary.The four kinds of help behaviors are being criminalized.As long as one of the above-mentioned behaviors is carried out,the law of trafficking will be violated.The regulations of the trafficking stipulates the special situation of Trafficking,such as special regulations for Guizhou area.Secondly,from the perspective of criminal means,both the methods of violence and peaceful means to lure the population are regulated.Again,The relationship between the laws and regulations is mainly to complement each other and learn from each other,but in some special cases,the regulations will break the law.The trafficking strategy covers all aspects of the trafficking crime.These strict regulations reflect the Qing government's staunch attitude in cracking down on the strategy.In judicial practice,the local and central judiciary do not have the same attitude towards the trafficking laws.Local judiciary mostly deal with cases in a negative manner,which is manifested in the cancellation of cases that have not been submitted to prosecution for a long time.At the same time,more cases are settled by means of mediation.The central judiciary has cited legal rulings in cases of trafficking Even when there is no specific provision in the trafficking,similar laws are used to adjudicate cases.In addition,the central judiciary is also very cautious about the increase and decrease of penalties.The difference between the local and the central judiciary has its own considerations.The first function of local judiciary is to maintain local security,settle disputes,and maintain a stable state;the function of the central judiciary is safeguarding the authority of the law.Finally,the inspiration and practice of thetrafficking law of the Qing Dynasty to our country is:China needs to constantly improve the legislation of the crime of trafficking according to the development of the society;at the same time,it expands the targets of the crime of trafficking to all Natural persons,in order to achieve equality of the law;in addition,a statutory leniency sentence for the crime of trafficking is added in the form of legislation,which is conducive to encouraging the offender to repent in time,helping the victim to be rescued in a timely manner,and reducing the infringement of criminal acts on the legal benefits.