Research On The Death Penalty Review System In Qing Dynasty

Qing dynasty of the death penalty review system is the highest level of ancient Chinese review system which has the distinct system characteristic and the era value.This paper focuses on the trial and review of death penalty offenders,trying to have a complete and clear understanding of the review system in the qing dynasty.First of all,by explaining the meaning of ancient review and clarifying the writing scope of this paper,it is known that the ancients did not make a clear distinction between review and trial.Then the historical changes of the review system were sorted out,from the records of prisoners in the han dynasty to the autumn trials and the court in the qing dynasty,a vein matching the following.Then from the three aspects of system to explore the cause foundation,in which the thought of careful punishment and the view of heaven and Taoism play an important role in its formation,and contribute to the formation of the system in valuing human life.Secondly,the trial and review of the general death penalty is the focus of this paper.Taking the supervision system as the starting point,this paper describes in detail the whole process of the case from the basic level of prefecture and county to the supreme imperial power,from the trial to the review,so as to reflect the reasons for the most complete review system in the qing dynasty,the maturity of the system development,the clarity of the division of functions and powers,and the strict accountability system of hierarchical supervision ensured the normal operation of the review system in the qing dynasty.The review of death penalty for special cases is based on the preliminary understanding of the review process,and three special subjects or case types are selected to illustrate the special application of the review system to special cases.Compared with ordinary criminal cases,official criminals and Mourning apparel criminal cases should be presented in advance to show their prudence.As a group with high social status in the qing dynasty,the law also had special provisions on the flag-men.At last,the author makes some comments on the characteristics of the review system,and reveals the essence of maintaining the feudal autocracy while affirming its value of supervising the judicial system.