Research On The Crime Of Mourning Apparel System In Qing Dynasty

Mourning apparel system is that rules of mourning according to the relationship with the deceased,which used to show the relationship and pecking order between relatives in the society of ancient China,there were five ranks.After Mourning Apparel System was written in "Laws of Jin dynasty",which was in ancient Chinese legal system.Specific refers to the criminal behaviors between relatives,sentenced according to the five ranks of mourning Apparel System,which has been written in the laws of the past dynasties,until the end of the Qing dynasty.The basic principle of this kind of punishment depends on following cases,when the senior's crimes against people in humble stations occur,The closer the relative,the sentences will be milder.the farther the relative,the sentences will be severer.When people in humble stations commit a crime against the senior,The closer the relative,the sentences will be severer.The farther the relative,the sentences will be milder.As the last feudal dynasty in Chinese history,the legal system of the Qing dynasty not only inherited the established achievements of the previous dynasties,but also improved and carried forward,so it could be the symbol of the feudal legal system.Therefore,the study of the Mourning Apparel System in this period is undoubtedly representative.Based on the documents and judicial practice about the crime of Mourning Apparel System in the Qing dynasty,the most typical cases of Mourning Apparel System Crimes and the most sufficient practical cases can be summarized into the following four categories: killing crimes among relatives,property crimes among relatives,sexual crimes among relatives and lawsuit crimes among relatives.The article focuses on the legal terms and judicial practice on Mourning Apparel System crimes in the Qing dynasty,and is divided into three parts: The first part introduces the implication of Mourning Apparel System,and briefly talk about Mourning Apparel System and the provision of law of its crime in the Qing dynasty.The author mainly discuss killing,larceny,rape,and lawsuit crimes among relatives in the "Codes of the Qing Dynasty" and summarize the provisions and the terms in it.In addition,the author try to analyze the legislative characteristics of Mourning Apparel System crimes in the Qing dynasty: first,it basically follows Ming Dynasty law,with only some small changes mainly concentrated in the transformation on the text and the interpretation.Second,almost every legal provision on Mourning Apparel System crimes carried out Confucian ethics,which maintained family harmony by empowering the rights of elders and limiting the rights of juniors,and thus consolidated the rule of the Qing dynasty.The second part,expound the judicial practice of the crime of Mourning Apparel System combined with its terms in detail.The author works on the text of Mourning Apparel System cases,according to the trial and the decisions of those cases,this way of classification to maximize the full understanding for the judicial practice of such cases;We can find the following three types: the first type is appropriate for the majority of cases,strictly in accordance with the law.The second type is sentenced when no specific legal provisions can be referred to,mainly depends on the comparisons and settled cases.The third type is the cases beyond the statutory punishment,judicial officials can take into consideration the decision by law and in accordance with the statutes,as appropriate,increase or reduce punishment.According to these three kinds of classification methods,taking the four kinds of crimes of killing crimes among relatives,property crimes among relatives as the research object,by analyzing cases,try to explore the effectiveness of Mourning Apparel System crimes,and explores the ethical spirit contained in all kinds of cases.The third part,analyzes and evaluates the legal provisions and judicial practice of Mourning Apparel System crimes in the Qing dynasty.Through the analysis and evaluation of Mourning Apparel System crimes in the Qing dynasty,try to analyzes its reasonable components and reflect on its historical limitations.Discuss whether the legal idea contained in it can provide reference for contemporary legislation and judicature,In order to better achieve the justice of criminal trial,to realize the research effect that the past serves the present.In view of the legal provisions and judicial practice of this kind crime in the Qing dynasty,the author puts forward the following Suggestions on the criminal law related to the crime of relatives.First,in addition to serious crimes such as seriously endangering national security,the relatives shouldn't be a criminal in Harboring cover crimes.Second,the theft between relatives shouldn't be treated as a crime,which can be the principle,the crime should be as an exception.Third the punishment for killing and raping relatives shall be increased.Fourth A judge may,within certain limits,increase or reduce the statutory punishment for a crime committed by a relative,but it is strictly prohibited to use the law of citation to compare or invoke a case in the absence of express provisions,so as to turn innocence into guilt.