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Research On Circulation In Qing Dynasty

Posted on:2020-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:J Y HanFull Text:PDF
GTID:2436330572987109Subject:Legal history
Abstract/Summary:PDF Full Text Request
Exile is a kind of the penalty system in Qing Dynasty.Because of the Emperors did not have the heart to kill the criminals,so they exiled the criminals to a distance.The Exile is a kind of lenient punishment.The origination of the Exile has its factor on the social development,the economic culture and the penalty thought.As early as the Tang and Yu period,the Exile has already been born.After the development of the Qin Dynasty and Han Dynasty,the Exile has been the Principal Penalty,and it was listed as a serious penalty,which was lighter than the death penalty.In the Sui Dynasty,the feudal five-penalty system was established,and the Exile was included in it,which was used in the later generations until the end of the Qing Dynasty.The Exile in Qing Dynasty had inherited the Exile of Ming Dynasty.The Emperors also had developed the Exile.They formed the system of the Exile which was based on the the Principal Penalty of the Exile and the Leap Penalty were the main penalty,then the additional penalty and the alternative penalty were the auxiliary penalty.In the operating mechanism of the Exile,the judicial apparatus judged which according to the procedure.After the case of the Exile had been completed,the executive organ shall send the criminals to the Exile area to serve their sentence.When the criminals had finished to serve their sentence,the authorities of the Exile area shall arrange for the criminals.Exile had a certain impact on the development of society in Qing Dynasty.In the economic aspect,as the criminals were not killed,a large number of labor forces were retained,which promoted the agricultural production and the development of the frontier land in the Qing Dynasty.In the political aspect,as the heavy penalty which was lighter than the death penalty,the Exile flowed the criminals far away to show the punishment,which not only maintained the social stability,but also promoteed the integration of the nation.In the aspect of culture,due to the cultural differences in different regions,the banishment of criminals could promote the spread of culture andthe integration of cultures in different regions.In the aspect of law,with the Exile becoming the Principal Penalty and entering into the category of the feudal five-penalty system,its penalty status has been established.At the same time,the Principal Penalty and the Leap Penalty of the Exile had been developing,it had promoted the system of the Exile.
Keywords/Search Tags:Qing Dynasty, Exiled Penalty, Migratory Penalty, Bunish Penalty, Penalty of Banishment
PDF Full Text Request
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