A Study On The Legal System Of Relative Crimes In The Qing Dynast

Familism is one of the main characteristics of ancient Chinese law,the core content is kinship based on blood relations,linked by ethics and morality,and emphasizes the status hierarchy between family members.Under the order of familial ethics,the state is no longer faced with the individual,and the family has become an important political and economic unit of society and the state,and it is also the most common social organization.Due to family gathering and the commercialization of family organizations,the main objects of individuals in production and life are basically relatives,and various life conflicts and interest disputes are inevitable,which virtually increases the probability of conflicts and even crimes between relatives.Under the initiative of Confucianism,ancient Chinese feudal society formed a systematic code of ethics,mainly including three aspects: respect,inferiority,orderliness,and distinction between men and women,and the legislative provisions and judicial practice of relatives in the Qing Dynasty also mainly revolved around these three aspects.In traditional Chinese society,both property relations and interpersonal relationships are based on Confucian ethical relations,which are mainly manifested as cohabitation and common wealth,while interpersonal relationships are limited to monarchs,fathers and sons,husband and wife,and elders and children.By focusing on the “Great Qing Statutes” and the “Criminal Case Summary Part III”,combined with other laws and documents of the Ministry of Criminal Justice,this paper conducts research on the legal system of relatives committing crimes committed by relatives in the Qing Dynasty.Relatives refer to the social relations arising from marriage,blood or legal fiction,which are divided into two categories: clan relatives and maternal relatives,and can be divided into five categories of decay,qi decline,great merit,small merit and reining linen from the level of kinship.The scope of kinship is not the same in different legal relationships.In the case of family offenders,the scope of relatives is extended almost infinitely,extending to all relatives,from clan relatives to foreign relatives,from five-service relatives to non-obedient relatives,from blood relatives to fictional relatives.The legislative provisions for family offenders are based on the order of relative respect and inferiority,and can be summarized into five types,some crimes due to status,and some affect the severity of punishment because of status.The judicial practice of offending by relatives takes the maintenance of morality as the starting point and the basic principles of kinship and respect,which is specifically reflected in the fact that the criterion for judicial adjudication is not the crime itself,but the relationship between the person in the crime.The legal system of kinship offenses is an important manifestation of the combination of law and ritual law in ancient China,reflecting the characteristics of feudal law dominated by Confucian ethical thought and etiquette.