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The Research on Accusal for Official Borrowing Public or Private Properties for Personal Benefit in Qing Dynasty

Author: ZhangJuan
Tutor: AiYongMing
School: Suzhou University
Course: Legal History
Keywords: Qing Dynasty Borrowing public or private properties for personal benefit Accusal
CLC: D929
Type: Master's thesis
Year: 2009
Downloads: 63
Quote: 0
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Abstract


There are very strict punishments for borrowing public or private properties for personal benefit in ancient China.But there are no individual accusal defined for such activities before Tang dynasty.Such an activity just treated as common bribe case until the special statute come into being and the accusal been defined with law glossaries in《Tang Lv Shu YI》.With the development of law system,such statute also achieved perfection in Qing Dynasty.In this paper,there are four parts to research on such kind of statutes which states in《Da Qing Lv LI》.Just hope the work can do some help for current law systems.The first part mainly focuses on the history of such an accusal before Qing dynasty.Borrowing public or private properties will be treated as common bribe crimes. But there is no special definition for such case before Tang Dynasty,only until Tang Dynasty the individual definition for such accusal come into being.The second part:mainly discuss the relevant law in Qing Dynasty which is better than previous dynasties.Comparison has been made in this part between similar statute in Qing Dynasty, Ming Dynasty and Tang Dynasty.The reason for completion of such statute in Qing Dynasty also have been analyzed from social aspect in early Qing Dynasty,characteristic of Man nationalities,inheritance from Ming Dynasty and monetization of silver.The third part will prove that such statute in Qing Dynasty has some common points with west countries.Punishments are all very strict although they have different accusal and definitions.The fourth part mainly expatiate the idea which current law can learn from Qing Dynasty.There are only statutes for defalcation,peculating special money used for rescuing calamities,dealing emergency,flood prevention,excellent pension,poverty assistance and emigrations in current modern law systems.But there are no any statutes for peculating other kind of public poverties,our current law should reference to statutes in Qing Dynasty to regulates the relevant accusal and punishments which will improve the development of itself.

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