Study On Juvenile Murder In Qing Dynasty

On the morning of October 26,2019,the 14 th meeting of the Standing Committee of the 13 th National People's Congress conducted a group review of the draft amendments to the Law on the Prevention of Juvenile Delinquency,which clearly divided the minor's normal behavior into bad behavior,serious bad.There are three levels of behavior and criminal behavior,and the corresponding intervention or corrective measures are specified respectively.At present,the number of crimes committed by minors in our country is astonishing and distressing due to its cruelty,harsh nature and serious harm.At present,juvenile delinquency tends to be younger and there are more malignant cases.Some parents even instigate minors to impose light punishments or not to imprison them,instigating them to become tools of their own crimes.Whether minors can grow up healthily has a bearing on whether our party and the country have a successor and a century-long plan for socialist modernization in our country.However,the solution to juvenile delinquency must not only start with prevention,but also through various links and control at the same time.Improving the criminal policy of juvenile delinquency does not happen overnight.Throughout the entire legal process in ancient times,there are relevant provisions for juvenile delinquency."History is not a dead past,but a living present." To comprehensively prevent and deal with juvenile crime from the three links of legislation,justice,and law enforcement,we must learn from the past.The reason why this article chooses to study the crimes of juvenile murder in the Qing Dynasty is because the Qing Dynasty is a special dynasty.It was the last dynasty of feudal autocracy in China.On the basis of inheriting the predecessor's excellent cultural history,it also has special social transformation.The legal characteristics of the period,especially in the conviction and punishment of homicide by minors,the Qing Dynasty,while inheriting the beneficial system of the previous dynasty,also selectively localized and adapted and developed it.Not only that,the documentation of the legal history of the Qing Dynasty is relatively the most comprehensive,the most detailed,and the most capable of restoring the historical truth.Cases involving deprivation of life in the Qing Dynasty need to be reported to the central government for a final decision,so the existing jurisprudence and archives have a complete record of their case and judicial process,which facilitates research.This article mainly uses the literature analysis method,historical analysis method,case analysis method and other research methods.Starting from the legislation on juvenile homicide before the Qing Dynasty,this article takes the legislation of juvenile homicide and "weakness and weakness" respectively.Empirical analysis of the trial data of 23 juvenile homicide cases retained in the Summary of Criminal Cases,the Jurisprudence of Previous Dynasties,and the Reconciliation of Cases,and the characteristics of the juvenile homicide system in the Qing Dynasty are important The discussion part,so as to accurately and detailedly describe the internal logic and clues of the judiciary in Qing Dynasty when dealing with juvenile homicide cases,and restore the original appearance of juvenile homicide in Qing Dynasty.The rulers of the Qing dynasty implemented the concept of "being young and weak" to specific criminal policies such as legislation,justice,and law enforcement.They broke through the original age limit of criminal responsibility in a case-by-case manner,and always adhered to the "compliance of love and crime".Judicial trial standards limit the discretion of judges,protect the interests of minors and effectively punish minors' crimes,taking into account both form and substance.In the Qing Dynasty,while absorbing the essence of the previous dynasties' systems,based on complex judicial practice,a relatively comprehensive system for preventing and handling juvenile homicide was concluded.For example,moral education and legal education should be used to let minors know the law and abide by the law.In essence,to prevent juvenile delinquency,we must adhere to the people-oriented macro legislative thoughts in the legislative process,and in the judicial process we must adhere to the criminal policy of light punishment and light punishment,serious crimes and heavy punishment.Standards reach substantive justice.All these provide a useful reference for China to improve its criminal policy on juvenile delinquency.