A Study On The System Of Leniency In The Qing Dynasty

China’s traditional criminal legal system has a long history of development,and various legal systems have been continuously expanded and improved in the long history.Among them,the criminal legal system can be said to occupy half of the country and play a great role in the development of traditional society.The rulers of all dynasties have recognized the importance of punishment and regarded it as one of the important means of governing the country and stabilizing the political power.Due to historical reasons such as imperial autocracy and the imperfect development of the legal system,observing the feudal punishment system from a modern perspective will find that it is always full of primitive brutality,barbarism and bloodshed,violence and cruelty.However,the traditional legal system of our country is deeply influenced by Confucianism,such as the spirit of prudent punishment,compassion and punishment,leniency and strictness,moderate punishment,leniency and compassion,etc.,have gradually penetrated into the development of the criminal legal system.Therefore,how to balance education the relationship with punishment then became a very important issue,and the sympathetic punishment system came into being at this time.With the change of dynasties and times,the punishment has gradually become institutionalized and civilized,and the punishment system has also become one of the important contents of the ancient legal system of our country.Judging from its historical development,the idea of ??punishment for punishment sprouts in the Western Zhou Dynasty,and it developed significantly during the Han,Tang and Song Dynasties,and Ming Dynasties.In the end,the punishment system for punishment in the Qing Dynasty was further developed on the basis of the previous dynasties and combined with its own social reality.The situation is perfected.The ruling class in the Qing Dynasty attached great importance to the Confucian views of "rule by virtue" and "government of benevolence",and had already had some insight into the sympathy and punishment system before entering the customs.The sympathetic punishment system in the Qing Dynasty also has a certain influence on the modern criminal law,and its humanistic care and other good points are still worthy of our reference at present.At the same time,as a feudal legal system,the Qing Dynasty’s punishment system must have its historical limitations.As far as this part is concerned,we should also be able to reflect on it.As the saying goes,learn from the past,take the essence and remove the dross,and excavate its enlightenment significance to the current development of criminal law.All in all,this article starts with an overview of the sympathy and punishment system,and starts the study of the sympathy and punishment system in the Qing Dynasty by explaining the meaning of "sympathy punishment",exploring the historical evolution of the sympathy and punishment system,and describing the perfect background of the sympathy and punishment system in the Qing Dynasty.After having a basic understanding of the system of sympathy for punishment in the Qing Dynasty,it expounds its specific contents from the aspects of legislation and justice,including the system of preserving and adopting relatives,the system of autumn trial,the system of amnesty,the system of atonement,and the system of sympathy for prisoners.Finally,taking the Qing Dynasty penal punishment system as a mirror,starting from its positive value and limitations,summarizing experience,reflecting on lessons,and exploring its reference significance and practical enlightenment for the current application of law and the development of the rule of law.