The Study Of The Trafficking Law In Qing Dynasty

Due to reasons such as war,famine,and high profits,illegal trafficking of human beings was repeatedly banned,which infringed on the interests of the privileged class,caused chaos in the population order,and seriously disrupted the pattern of small peasant households.Therefore,all dynasties and generations regarded illegal trafficking of human beings as a key object of regulation in the formulation of legal codes.This article selects the Qing Dynasty as the historical background for studying the traditional“abduction and trafficking of human beings” law in the context of traditional legal maturity and transition,and takes the “Criminal Law of the Great Qing Code”,Xue Yunsheng’s “Reading Examples and Doubts”,“Collection of Criminal Cases” and the relevant laws and judicial cases of “abduction and trafficking of human beings” in the “Great Qing Current Criminal Law” and “Great Qing New Criminal Law”promulgated at the end of the Qing Dynasty as the basis of literature.The formulation of laws on combating illegal human trafficking in China from the ancient Qin and Han dynasties to the Wei and Jin dynasties and the Northern and Southern Dynasties was initially in shape but fragmented;During the Tang and Song Dynasties,the crime of "selling people by little" was officially registered,and the targets of crimes and the scope of crimes cracked down on were relatively comprehensive;During the Yuan and Ming dynasties,the formulation of the "slightly sold people" law entered a mature period,and until the Qing Dynasty,the provisions of the "slightly sold people" law were basically finalized.In the Qing Dynasty,the law of "selling people and selling people" was divided into seven sections,and the main subjects of crimes stipulated were the perpetrators of "selling people slightly",helpers such as "nest owners,informed buyers,and dental protection",and "seduced people" among the criminals and temptations,and the criminal acts were "selling little" and "selling together",and the difference between crime and non-crime lies in the good and inferior status of the omitted person.There are 18 examples of texts,which supplement the provisions of the law according to different regions,transnational buying and selling of human beings,the use of contempt and dignity,official dereliction of duty,and aggravated punishment.The crimes covered by the Qing Dynasty Slightly Selling People Law are relatively comprehensive,but not detailed,and the examples have served as a good supplement to their omissions.Through the interpretation of the 82 judicial cases of "slightly-betrayed persons" included in the Criminal Case Review,it is found that in the actual application process,special circumstances such as "absconding at the beh" and "ordering to go home" are the reasons for mitigating punishments,and circumstances such as "incidental encounters with partial disasters" and "many inducements" are the reasons for heavier punishments,and there are phenomena of "abandoning other people’s young sons" as "slightly selling people",and "remarrying after being abducted" as "and luring" for cracking down on punishment,showing that they are strictly applicable within the provisions of the law.The characteristics of the balance between etiquette and law outside the provisions of the statute.The "Current Criminal Law of the Great Qing Dynasty" promulgated at the end of the late Qing Dynasty no longer regarded the status of untouchables as the standard of crime and non-crime,but classified untouchables and servants as good citizens,so that there was no longer legal human trafficking in China;The "Great Fresh Criminal Law" renamed "slightly selling people" to "slightly inducing and luring crimes",dividing the targets of crimes into men and women under the age of20,and the way in which statutory punishments are set up adopts a modern criminal punishment hierarchy system,and the punishment is lighter than that of the "Daqing Statutes" and "Daqing Current Criminal Law".Looking at the historical evolution of "selling people a little",it provides two enlightenments for China’s modern anti-trafficking legislation,one is to expand the criminal targets of human trafficking,no longer differentiated by gender,and the other is to pay attention to the areas with high incidence of crime,improve legislation in a timely manner,and accurately implement the law.