Research On The System Of Compensation For Personal Injury In Qing Dynasty

In ancient China,the personal injury compensation system was distributed in various parts of the statute law,and was presented in the form of alternative or additional punishment.Under the influence of the habit of indemnifying people in the Qing dynasty,on the basis of absorbing previous generations of compensation legislation,through continuous amendments to regulations,the legislation for personal injury compensation was made more detailed and perfect.First of all,the scope of forfeit property support was extended,and the circumstances under which payment was not stopped were specified.Secondly,increase the application of Maizangyin,gradually shorten the collection period of Maizangyin,strengthen the Supervise responsibilities of officials and the obligations of neighbors.Finally,on the fault atonement,the compensation function of fault atonement was clearly specified as the fund for burial and medicine.In order to prevent prisoners from not repenting after foreclosure,it is stipulated that repeat offenders aggravate crimes.These measures have ensured the smooth progress of compensation.There is a close relationship between homicide justice,national authority,and basic social order.Compensation for personal injury reflects the state’s jurisdiction and control over human life cases,as well as the economic claims of the families of the victims for compensation.Through the analysis of the number of judgment compensation cases and the applicable conditions,this article finds that the applicable conditions for discontinuing the payment of property support are extremely strict,and often cannot be implemented because the prisoner’s family is poor.Maizangyin and fault atonement are widely used,but both are based on the premise of exempting prisoners from death penalty.Compared with official compensation,it is difficult to implement,but private settlement continue to occur.Victims’ families often choose to receive compensation in private because of their wealth,family considerations,or coercion,so that prisoners escape legal sanctions.Especially in some states and counties in the late Qing Dynasty,such private compensation has become a recognized habit.It can be seen that there is still a large gap in the issue of compensation at the legislative level and judicial practice.In the face of this conflict,on the one hand,the state allows both parties to reconciliation in light criminal cases,and on the other hand,In order to maintain judicial authority,the state is strictly forbidden to settle privately in homicide cases,But the judge will also consider the motive of settle privately and the use of compensation in the trial,so as to make the trial flexible.For the case of personal injury cases,the state firmly controls it in its hands,Private compensation in life cases is strictly prohibited.But for ordinary people,asking them to follow the Confucian advocate of "emphasizing justice but not benefiting" is blameless.They only care about how to obtain their own interests to the greatest extent.Coupled with the omission of the structure of the country’s grassroots power operation,There is a gap between national law and folk practice in the compensation for human life.In ancient societies where laws were combined and civil penalties were not distinguished,although the personal injury compensation system in the Qing Dynasty was still a subsidiary of criminal sanctions,and in the strict status hierarchy environment,personal injury compensation was also unequal in the subject of application.However,objectively speaking,judging the prisoner to compensate the victim is not only an economic punishment to the victim,but also a relief and comfort to the victim and his family,and it is also conducive to the relaxation of the tense interpersonal relationship.