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Exploration of the Autumn Trial System of Qing Dynasty

Author: LiYanHua
Tutor: LinMing
School: Shandong University
Course: Legal
Keywords: joint trial system death penalty rechecks system prison-checking system autumn trial prudence in punishment
CLC: D929
Type: Master's thesis
Year: 2008
Downloads: 492
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Abstract

Joint trial system , death penalty rechecks system and prison-checking system of Chinese ancient times may be said that the source far flows long . These systems have a lot of places of likenesses on the purpose and mission . The autumn trial which established in Qing Dynasty directly inherited title in the court trial of Ming Dynasty , which was the most completely joint trial to Chinese feudalistic society , aiso a kind of most flourishing death penalty rechecks system , it had some properties of prison-checking system . It was the review to death penalty on probation cases of each province held in autumn each year . In other words , the autumn trial origined in the joint trial system , death penalty rechecks system and prison-checking system of ancient times , absorbed their advantages . In 1644 , Dang Chongya , a official in the Ministry of Punishment , suggested that the government should adopt the court trial and the autumn trial . In 1653 . Qing Dynasty resumed the court trial of capital . In 1658 , Qing Dynasty drawed up the autumn trial of each province . In 1673, the autumn trial was built up formally . From then on , the basic contents and procedure of the autumn trial were fixed more than 200 years till Qing Dynasty perished .The autumn trial system came into being in Qing Dynasty initial stage with the particular political and economic conditions , these were that Manchu rulers had guiding ideology of consulting Han Dynasty and considering Jin Dynasty before they passed Shanhaiguan. after came into Shanhaiguan, facing the complicated social contradictions, they had to lasso Han nationality landlord class. collect a little taxes and prudence in punishment. The autumn trial was also formed under the influence of prudence in punishment and execution in autumn or winter , and served for the absolute monarchy and centralization of power. The procedure of the autumn trial system was strict , include local autumn trial with central autumn trial . As the important institutions in punishment, it was regarded by the emperor. The manpower and the material resources threw in the autumn trial was very huge, the used manpower and the time for preparation were also prescribed. The contents of it was also very complete , through the big autumn trial ceremony , the prisoners were divided four kinds of types : circumstance deserving of capital punishment , deferred execution , worthy of compassion , remaining at home to care for the parents or to perpetuate the ancestral sacrifices . The first kind of prisoners , they also must pass the procedure of re-reporting and emperor’s crossing .The other three kinds of prisoners , their autumn trial finished. Most of the third and the fourth kind of prisoners were commuted , the second kind of prisoners were also jailed , waiting the next year’s autumn trial . The court trial was the review to death penalty on probation cases of capital . It very resembled the autumn trial in procedure and contents. The autumn trial system had fresh and clear ages characteristics, its main characteristics was prudence in punishment , it also had other characteristics . centralization of state power, subsidiary, rigid. The autumn trial had some limits, such as judicatory didn’t separate from administration, modal, inefficient, unstable, its essence was a kind of judiciary that the rulers established to defend their class rule , particularly what it encountered to seriously break in the middle and evening stage of the Qing Dynasty was its big limit . The autumn trial had important social meaning at that time , it was propitious to support feudalism governance, to centralize imperial power, to neaten the officials, to know judicatory status for the rulers, it embodied their policy of benevolence, laid the foundation to modernize the judiciary .The meaning of studying the autumn trial system is not only understanding itself on the foundation of Qing Dynasty’s history and laws, also understanding the whole law system of Qing Dynasty from it, more important is that we should inherit excellent judicial thoughts of Chinese ancient times . we should absorb its advantages such as prudence in punishment , openness, eliminate its limits such as judicial dependence , inefficient, lack of true supervise, so as to build up our country’s modern judiciary and legal state .

Exploration of the Autumn Trial System of Qing Dynasty

Abstract

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