Family Training And Criminal Law In The Qing Dynasty

Family precepts and criminal law,with the function of regulating the main common,are "law" of the lower concept.But in the specific implementation process,due to the differences between the two,in the implementation of the results show different characteristics.Through their respective functions,they play their own roles in the field of grass-roots governance,and some defects in the regulation of family relations have led to frequent problems.It can be used for reference to the relationship between family instruction and criminal law in Qing Dynasty,the construction of dispute resolution mechanism,the optimization of grass-roots governance and the exploration of the value of folk law.The analysis of the effectiveness of normative documents should be based on the facts of specific cases.In order to obtain the detailed information of the family relationship cases in the Qing Dynasty,this paper selects the Collected Social Historical Materials on the Criminal Inscriptions of the Qing Jiaqing Dynasty(hereinafter referred to as the Criminal Inscriptions)as the empirical analysis materials.It is an important judicial document of the Qing Dynasty,which was drafted by the local governors and presented to the Penal Department of the Central Judicial Organ and the emperor who held the supreme judicial power.Because the Criminal Title Book is an important material for the Ministry of Criminal Law to review the case and accusation,the record of the case is more detailed than other judicial documents,and can provide more details for us to understand the judicial situation of the Qing Dynasty and the adjustment effect of family instruction and criminal law on family relations.This paper makes a sample investigation on the cases classified as family relationship in the Criminal Title Book,and makes a detailed summary and analysis on the selected 100 cases,so as to find out several problems that occurred in the family relationship in the Qing Dynasty,such as the problem of finding the price after the land is sold,the problem of bearing the land tax,the problem of righteous land in the clan,the problem of public worship for the land,the problem of public grave hill and the problem of race affairs management.Based on the analysis of the Qing Dynasty Family Precepts and Family Precepts on the characteristics of the regulation of family relations,this paper makes a detailed analysis of the relevant cases in the Criminal Title,summarizes the actual effect of the operation of the Criminal Law and Family Precepts in reality and their respective advantages and disadvantages,and then excavates the respective role played by the two in the adjustment of family relations and grass-roots governance,and how to achieve the cooperation and interaction between the folk law and the state law through the play of their respective advantages.On the basis of summing up these experiences and combining with the changes of the times and the current situation,we can take the construction of the country under the rule of law,the reform of judicial system,the construction of the credit society and the punishment system for dishonesty as an opportunity and joint point to provide historical reference for the construction of the diversified dispute resolution mechanism in our country.