A Study On The System Of Keeping And Supporting Relatives In Qing Dynasty

Originated in the Taihe period of Emperor Xiaowen of the Northern Wei Dynasty,the system of keeping and supporting relatives,also known as the system of keeping,survived the development of Tang,Song,Yuan and Ming dynasties,and finally reached a complete stage in the Qing Dynasty.It lasted for nearly 1,500 years in ancient China until the end of the Qing Dynasty when the law was abolished.The emergence and development of the system of keeping and supporting relatives is not accidental but has a profound social foundation,the fundamental reason lies in the family as a unit,intensive farming,self-sufficient small-scale peasant economic structure in ancient Chinese society which relies on agricultural development.In order to realize the stable development of agriculture and maintain the social order,ensuring sufficient labor force has become the top priority of promoting the development of the basic industries of the dynasty under the condition that the level of social productivity is low and agricultural production is easily affected by natural factors.In addition to economic factors,the ethical system of family affection constructed by Confucianism provides ideological support for the existence of the system.Maintaining the ethical relationship between family members is another important part of Confucianism.The core of this system is to maintain the kinship with blood ties.Asked the feudal rulers in order to maintain political rule,on the premise of fully consider various factors,allowed to meet certain conditions of van popular graphics of the death penalty criminals immediate relatives at home,need to take care of,and in addition to the criminals,and no adult male can fulfill the obligations under the premise of criminals can advance to go home to take care of the immediate family members,and suspend execution punishment.In this way,not only meet the needs of the agricultural development of labor force,and in line with the Confucianism,the pursuit of maintaining close with,thereby attaining the aim of maintaining political rule,after to finalize the design phase of the tang dynasty,followed by the song and yuan period,the basic follow the rules of the tang dynasty system itself is not the change is too big,then intervention development limited in the Ming dynasty,in the end,In the Late Qing Dynasty,its theoretical system and structure reached a complete state.In this period,the system of stay and foster had its own development in terms of substantive provisions and procedural application,and showed a unique feature of appropriately relaxing the conditions of stay and foster,paying more attention to the harmony and stability within the family,and no longer executing the original penalty after the conditions of stay and foster were eliminated.Kept a close system in the protection of national laws to effective implementation,on the basis of full consideration of the social public system of inner emotional need,it is directly affect the ancient Confucian thought as a miniature of China’s legal development process,although the development of the system of keeping process has a long history,but it itself also reflects the detriment to the judicial order and guarantee the authority of law,Contrary to the ancient law of the principle of equality of basic cognitive deficiency,while keeping the existing disadvantages of the system itself makes it no longer adapt to the contemporary development of legal system,but the law of the system,the pursuit of social effect emphasizes the humanities spirit,pay attention to the value of the traditional virtues,etc,is still worth the study and draw lessons from modern rule of law construction...