Research On The Rule Of Weapon Fighting In The Second Year Of Daoguang In Qing Dynast

The Li of fighting with weapon in DaoGuang 2th(1822)established sentencing rules based on the number of deaths and gatherers,and began to clearly divide it from ordinary fighting cases.From the Qing statute system,this study by analyzing the regulations of fighting with weapons which is constisted by the brawling and homicide,to explore the legal provisions and administrative measures of Qianlong and Jiaqing,as well as the legal expression of the statutes,judicial procedures.This study starts with Qing dynasty's governoment archive,counting the cases from Shilu,Zouzhe,Tiben and other historical records during Qianlong and Jiaqing periods.It provides a more macro-observation of the legal concepts,legal application and typical models of the fighting cases before DaoGuang 2th(1822).This study combing the documentary communication in the archives between Ministry of Criminal Affairs and provinces in the DaoGuang 2th(1822).It helps to understand this legal concept with the more definitive object-orientation and geographical scope,which is more refining,practical and specific,so as to functioning the law's prevention,punishment and the maintenance of justice of the penalties.This study attempts to explain and analyze the causes,by using actors and structure theroy to cut in.The various forms of violence and conflicts in the fighting contained the complex social ecology,not only include the public's pursuit of society's justice,actions in the form of a consortium,but also the structural dilemmas beyond legal regulation.However,in the refinement of legal concepts and legislation,it preserves that the legality of traditional Chinese society,which is mutually developed from and depended on traditional Chinese politics.