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Between Treason And Making Heresy Words

Posted on:2017-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:H YuFull Text:PDF
GTID:2506304844459654Subject:Legal history
Abstract/Summary:PDF Full Text Request
Since ancient times,the disaster of language and words has been popular,especially in the Ming and Qing Dynasty,which was the most frequent and harsh in Kangxi,Yongzheng and Qianlong of Qing Dynasty.In the record of literal prison in Qing Dynasty,where there were eighty-four cases in total,and seventy-nine cases happended in Qianlong Dynasty.Literal prison was a major feature of Qianlong Dynasty,whether in the quantity,degree and intensity.Although these cases were so special,which were closely related to the political environment,the king’s psychological,cultural policies and so on.But they were also one of the applicable laws and regulations,conviction and sentencing of the case.Throughout the case of literal prison in Qing Dynasty,there were nine charges about conviction,for example,treason,making heresy words,witchcraft activities,false accusation,suggested to the emperor,the collection of banned books,a feint pass decree,should not be,violation of system.And treason and making heresy words were the most common.There were differences between treason and making heresy words,but also a close link.Treson,about the direct harm to the stability of the regime,a country,a nation security and the royal family safety and dignity,should be punished by the most severe punishment,however making heresy words focused on punishment prevent cult confuse.The elements of crime were different,of which treason was more extensive in behavioral composition,but the main form of making heresy words was production,broadcast of language,etc.Sentencing severity was also different.The punishment of treason mainly was between cutting in pieces and flogged to death.For the making heresy words,the most servere punishment was the guillotine,and the lighter penalty was imprisonment and caning.Further more,in order to strengthen ideological control and maintain stable rule,literal prison for treason was far greater than the proportion of making heresy words.The link between the two was,when it came to using a cult of the insurgency was directly in accordance with the treatment of regicide treason.In fact,if it was purely in the form of crime,the law was applicable to the point of view,a lot of cases to conviction treason,actually should apply closer to the charges:making heresy words.The reason why there was no such applicable law,as has been said above,for the purpose of strengthening ideological control and maintaining stability,the dominator imposes severe punishments for all forms of the rebellious words violated imperial power.Sentencing in the case of literal prison,for the principal offender,the main penalty methods were cut in pieces,chop up a corpse,the guillotine(two ways),the lighter were exile,flogging,dismissal.In addition,there are some additional penalty,for example confiscation of property,burned books taboo pictures and artifacts.The charge was different,the sentence wasdifferent.However,the same was in accordance with the treason,some people were killed by a stick,someone were put to death by dismembering the body.In a manner of speaking,there was a consideration between light and severe.It is worth noting that,because of the law of the Qing Dynasty had the characteristics of laws and regulations,which was in order to assist the law,therefore,a few of the literal prison cases,were a direct example of the crime to be convicted according to the regulations.Specifically,the regulations attached to the law of"suggested to the emperor" and "making heresy words"were also suitable for use.The regulations,which were flexible developped over time,became the basis for conviction and sentencing of literal prison case.Also because of this,the literal prison case often appeared randomly,and the prevalence of a miscarriage of justice,how to give a person a kind of feeling outside the criminal law.The autocratic monarchy reached its zenith in Ming and Qing Dynasty.In order to safeguard the dignity of the emperor,the emperor on the one hand,through the law of thought and speech control,to expand the interpretation of the treason,and according to the need of political situation,made some regulations to deal with the rebellious behavior about language,words,thoughts.On the other hand,in the case of the process,through the strict control of the following officials,the emperor penetrated in the judicial process,control of the scale of the strict control of the cases.Investigators faced an embarrassing situation:the emperor was unhappy,if too active;some people have been warned if not attached importance to the literal prison cases.This situation was forced by the situation,and it was the embodiment of the mentality and personality of the emperor too.In a word,in the process of the whole case and the application of law,the emperor’s strict arbitrary and subject to changing moods,official incompetence or be fastidious too much,game and interaction between the two,fully embodies the imperial power by law for public opinion control.
Keywords/Search Tags:literal prison, rebellion and treason, making heresy words, imperial power
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