A Study Of "Joint Criminal Cases" Seen In The Criminal Section Of The Qing Dynasty Archives Of Xinjiang

To study the traditional Chinese legal system,it seems advisable to study the legal system of Qing Dynasty first.The reason is that the Chinese traditional legal system has matured to the Qing Dynasty,and the Qing Dynasty legal system can be regarded as the last representative of the Chinese traditional legal system.It can be said that a clear understanding of the legal system of the Qing Dynasty is conducive to a clear understanding of the traditional Chinese legal system.The stipulation of "joint crime" in Qing Dynasty followed the Ming Dynasty in general,and its stipulation of "joint crime" has formed a certain system.Compared with other previous dynasties,its provisions have been quite perfect.The purpose of this paper is to study the cases of "joint crime" in Turpan,Xinjiang at the end of Qing Dynasty,based on the criminal section of "selected archives of Xinjiang in Qing Dynasty",to sort out and discuss the types of cases of "joint crime" in Turpan,Xinjiang at the end of Qing Dynasty,the operation of litigation procedures,and to comment on the litigation procedures of "joint crime" cases in Turpan,Xinjiang at the end of Qing Dynasty.There were more than 400 cases of "joint crime" recorded in the criminal section of the selected archives of Xinjiang in the late Qing Dynasty.Through sorting out the cases of "joint crime" in the criminal section of "selected archives of Xinjiang in Qing Dynasty",this paper first introduces the basic situation of the cases of "joint crime" in Turpan area of Xinjiang at the end of Qing Dynasty and the procedure applicable to the trial of these cases of "joint crime",and makes a brief introduction to the cases of "joint crime" in the archives;secondly,it introduces the Qing Dynasty in combination with the "Qing Dynasty laws and regulations" At the end of this paper,the author classifies the cases of "joint crime" in Turpan,Xinjiang,and introduces the typical cases,such as "affray accomplice,family accomplice".The distinction between the first accomplice of "affray accomplice" is different from the general provision of "accomplice is divided into the first accomplice and the first accomplice is the creator",which has its own system.First of all,the most serious one is the first one in the "joint crime" cases,then the first one is the creator.If there is no creator,then the first one is the first one.Next,it analyzes the trial and conclusion of the "joint crime" cases in the late Qing Dynasty in Turpan,Xinjiang,mainly including the trial of cane crime and the trial of the above cases In the end,it expounds the procedural characteristics of "joint crime" cases in the late Qing Dynasty in Turpan,Xinjiang,such as the criminal procedure mode of trial separation and the influence of the modernization of criminal law,and finally evaluates these characteristics.The purpose of historical research is to seek the truth of history and the causal relationship behind historical phenomena.Through sorting out the cases of "joint crime" in the late Qing Dynasty in Turpan,Xinjiang,this paper analyzes the trial and judgment characteristics of the cases of "joint crime" in Turpan,Xinjiang,and investigates the series of measures taken by the court in response to this phenomenon at that time,trying to objectively describe the trial and judgment of the cases of "joint crime" in Xinjiang in the late Qing Dynasty.