An Analysis Of The "Tong Xing" Of The Criminal Department In The Qing Dynasty

As one of the important sources of law other than the law of the Qing Dynasty,"into the case" has not been recognized by the law throughout the Qing Dynasty,but it is still common to cite the law in the case.Since the beginning of Qianlong,it has been very common to substitute cases.Although the emperor made repeated orders and "complied by the case",the situation of "citing by-examples to the case" is still inevitable.Under this premise,in order to increase the reference space for the completion of the case,the ruler adopted a compromise method: the formulation of "Tong Xing" and "Tong Xing" makes some important cases cited by comparison,increasing the reference space of the case and applying the same,and directly compiled as examples."Passage" after qianlong,in jia dao years as a law,example of another source,as the middle and late qing dynasty independent from the law of a mixed form of legal form,it can be "Tong Xing into case",and can show as "Tong Xing regulations",also can show as "Tong Xing articles of association",but it is not equal to case(regulations,example)and case,nor and view of the articles of association,etc.This paper takes the case of the Ministry of Criminal,and analyzes the "Tong Xing" of the Criminal department of Jiaqing Dynasty.The first part of this paper starts from the common meaning and origin of the Ministry of Punishment,To ze the misunderstandings that are easy to produce between the previous Tong Xing and the cases,regulations and regulations,Thus,a comprehensive definition of "Tong Xxing";The second and third parts are the research focus of this paper,The second part mainly analyzes how the "Tong Xing" of the Ministry of Punishment occurs,That is,what kind of process it generally needs to produce,What is the main content after the generation,First,by classifying the "Tong Xing" of the Ministry of Justice,Then explore the main content of each category;The third part is to analyze the main functions of the Tong Xing through of the Ministry of Justice,As the overall function of the legal structure of the whole Qing Dynasty,And what are the functions of each legal subject respectively;The last part is to discuss the effectiveness of the "Tong Xing" of the Ministry of Justice.Through the above series of analysis,we can know the whole picture of the "Tong Xing" of the Criminal Department of Jiaqing Dynasty,understand the original intention of being used as a special legal form in the middle and late Qing Dynasty,and the status and role of this special legal form in judicial practice.