A Study On The Law Of "Entering Someone’s House Without A Reason At Night" In The Qing Dynasty

The law of "entering someone’s house without a reason at night" began in the Tang Dynasty and continued until the Qing Dynasty.The law of "entering someone’s house without a reason at night" in the Qing Dynasty consisted of the original law and the case of "killed without authorization because of detention",the case of "neighboring person catching a thief",the case of "the victim catching a thief" and the case of "the victim’s neighbor catching a thief".Its nature can be understood from three perspectives: self-defense,housing rights and "shoot to kill".In the Qing Dynasty,cases based on the law of "entering someone’s house without a reason at night" were mostly caused by "robbery" and "rape",and a small part was caused by "madness".The three major elements of the judicial application of the law of "entering someone’s house without a reason at night".In judicial trials,judges generally use two methods of legal interpretation: literal interpretation and purpose interpretation.The legal reasoning modes adopted mainly include deductive reasoning,inductive reasoning,and analogical reasoning,which fully demonstrates the legal wisdom of the ancients.