A Study On The Application Of Law In The Criminal Cases Of Inferiority To Elders In Qing Dynasty

Affected by familism and Confucian filial piety culture thoughts,ancient China had formed a hierarchical system of dignity and humility early on,and it developed into the Qing Dynasty.The state has increased the protection of the privilege of respect for the elders both at the legislative and judicial levels.On the one hand,the "Law of Qing Dynasty" directly stipulates that the offspring violates the teaching order and commits the crime of committing a crime,and aggravates the punishment for the infringement of the elders’ privileges.Compared with other dynasties,the scope of these two crimes has been expanded,and the applicable conditions are more relaxed.Regarding the legal provisions concerning the offense of violating teaching orders by descendants,not only is there a clear provision in the "Law of the Qing Dynasty",but also three additional regulations have been added to increase the scope of application of such cases,and to commit crimes of committing a crime The scope of protection of such cases has been expanded,both of which have expanded the protection of the privilege of the prince through legislation;on the other hand,the use of various judicial technologies through judicial trials has expanded the application of laws.The author takes "Criminal Crimes Survey" as the research object and collects more than 100 cases of violations of teaching orders and offenses of offenders.According to statistics,it is concluded that the judicial application of the Qing Dynasty to these two types of cases is mainly based on legal judgments.,Supplemented by two judicial techniques of Bifu and Jurisprudence,in order to achieve the purpose of aggravating punishment and protecting the privileges of the elders.In the Qing Dynasty,various judicial techniques were used in the trial of criminal cases involving inferiority and infringement of seniority,which reflected to a certain extent the characteristics of the judicial system that emphasized ethics over facts.The latter is the focus and difficulty of the thesis research.The author hopes to explore the legal effects of various trial techniques in the trial process and the impact on the judiciary through the text and empirical research from the perspective of the Qing Dynasty’s humble young criminal cases.