Research On Criminal Reconciliation In Xinjiang Turpan Area In The Late Qing Dynasty

As a means of resolving disputes,reconciliation was widely used in civil disputes in the Qing Dynasty.There have been abundant research results in the academic circles,but there are few researches on reconciliation in the criminal field,especially in the border areas.Research is rare.It is worth mentioning that the "Xinjiang Archives" not only records the behavior of reconciliation,but also contains a large number of special reconciliation documents,which provide us with detailed historical materials for discussing criminal reconciliation in the border areas.Through the investigation of the criminal and criminal documents in the "Xinjiang Archives",it can be found that criminal and criminal disputes widely existed in the Turpan area of Xinjiang in the late Qing Dynasty,which promoted the peaceful resolution of criminal disputes between different groups and different ethnic groups.The social stability of the region has a positive impact.The Selected Collection of Xinjiang Archives in the Qing Dynasty contains more than 200 criminal reconciliation cases.These cases are sorted and classified,and the types of cases are very wide.Through the interpretation of these cases,we can go deep into the specific operation process of criminal reconciliation,and investigate the main body of criminal reconciliation in Xinjiang.It can be seen that in the late Qing Dynasty,the kings of Hezhuo County,Taiji,Dalgua,etc.Local grassroots leaders such as Mirabu,imam,Xiangyue,Shang Shou,etc.,have a guiding role in criminal and interrogation;the intermediary between criminal and intercession,based on emotional ethics and practical interests,proposes appropriate reconciliation plans to satisfy as much as possible.the claims of the parties to the dispute.The Xinjiang criminal reconciliation system in the late Qing Dynasty showed the following five characteristics: First,the disputes involved ethnic groups including the entanglement,the Han Hui,and the Han people,and most of them occurred between the local indigenous people;Second,the scope of criminal reconciliation involves various types such as beating,human life,slight inducement and rape;Thirdly,there are many false accusations,which are related to the litigation strategies of the parties and the way officials deal with false accusations;Fourth,it is the most common in the rural covenant to preside over the peace session,and the peace session chaired by imam is the least common;Fifthly,officials generally hold a positive attitude in criminal reconciliations.In the late Qing Dynasty,the Turpan area of Xinjiang,a large number of criminals and interest cases appeared,the cause is from a macro point of view,the situation in Xinjiang in the late Qing Dynasty was turbulent,Agubai invaded the Huijiang area,Tsarist Russia invaded and occupied Ili,Zuo Zongtang recovered Xinjiang,and Xinjiang turned from turmoil to order.Order,the strict Sharia law during the Aquba period was abolished,and with the reintroduction of Xinjiang under the control of the Qing government,national laws were widely implemented in Xinjiang,but there was still a certain conflict between this and the criminal procedure habits of local ethnic groups in Xinjiang.The Qing statutes held a negative attitude towards this,but criminal disputes involving beatings and human life in this area can be settled in the form of money compensation and interest in national tradition and reality.From a microscopic point of view,the actions of state and county officials,local grassroots leaders,and parties to criminal disputes that appear in criminal disputes lead the criminal disputes to a peaceful end due to various factors.In general,criminal reconciliation in the Turpan region of Xinjiang in the late Qing Dynasty had many positive meanings.The most direct significance was to settle disputes,stop disputes and settle lawsuits,and achieve the role of stabilizing social order;from the serious shortage of judicial resources in the border areas of the late Qing Dynasty In the background,this method of reconciliation relies on the local grassroots leaders’ familiarity with local people’s conditions,so as to alleviate the burden of lawsuits by state and county officials,allowing them to focus their energy on more critical places,and reducing the cost of social governance;From the perspective of the continuation of tradition,ethnic minorities in Xinjiang recognize the settlement of criminal disputes by means of money,and criminal settlement is in line with the customary ethnic law in Xinjiang.However,there are also certain limitations.The criminal reconciliation in the judicial practice of Turpan,Xinjiang in the late Qing Dynasty reflects the conflict between the state’s statutory law and the criminal procedure habits of local ethnic groups.Favoritism violates the principle of fairness and affects the authority of national laws.