| The Qing dynasty is last feudal empire in China history. The medical law of Qing dynasty, which also touch the medical law system of the public of China, is abundant and flexible. It is the continuator of traditional Chinese law as the same as the originator in the Chinese medical law history.The medical law of Qing dynasty is relative disheveled. The medical law of prophase Qing dynasty indwell , , decrees and custom. The medical law of second half Qing dynasty indwell , and epidemic prevention rules. Although the medical law of Qing dynasty is richest medical law system in Chinese feudal society, it is not an organic whole. The matter of the medical law of Qing dynasty is full of feudalism and Confucianism. The medical law of prophase Qing dynasty emphasized the medical benefit of the potentate and the development of society productivity. Although the medical law of second half Qing dynasty pay attention to the medical benefit of plebeian, but the core is not changed. The medical law of Qing dynasty is the embodiment of the polity, the macro-economy, the jurisprudence and the medicine of the Qing dynasty.Qing dynasty Chinese medicine legal system is more scattered. Early Qing Dynasty Chinese medicine contained in the law, "the Qing Law," "will be the Qing Code" and Dahir, courtesy of governance rules. Law exists in the late Qing Dynasty Chinese medicine "clean the law", "breach of police rules" and various kinds of epidemic prevention, quarantine regulations. Qing law covers a wide range of traditional Chinese medicine, involving food hygiene, medicine management, medical quality management, vaccination, quarantine, public health, and many other areas. China for its comprehensive medical history of feudal the highest legal system, but the lack of organic links between the Act, has not yet formed the modern sense of the legal system, only be regarded as a legal system. From the legal content of inspection, the Qing dynasty Chinese medicine centralized filled with the contents of the law, governance at the thought, to maintain imperial power, as the core of patriarchal ideology. Early Qing Dynasty Chinese Medicine Act is to maintain the focus of the ruling class of medicine to maintain social rights and labour productivity of the late Qing Dynasty Chinese medicine in the form of decrees. Although more concerned about people's livelihood, but it is starting point just easing social conflicts so as to consolidate feudal rule. From the social significance of inspection, the Qing dynasty Chinese medicine is legal at the time of social, economic, medical, legal and other fields of the comprehensive situation. Early Qing Dynasty "Han discretion of the Senate" as the legislative principles, to establish a set of its traditional medicine, law for the theoretical foundation for the main statutory, customary law to add to the small-feudal legal system of medicine. The late Qing Dynasty Chinese medicine to Western law-related laws as a template, in addition to safeguarding the interests of the feudal rulers, the people's livelihood, the Citizens has also given a certain degree of concern, and also with a strong color of colonial laws.Overall, the Qing dynasty Chinese medicine laws have the following characteristics.1. the rule of law form of Chinese medicine volatileQing dynasty Chinese medicine legal system is a major feature of changing rapidly, its roots in the Qing dynasty the many changes in social patterns. On the legal system, the rulers, after the creation of the regime, is still very rudimentary, as the "big Qinglv series of Notes·preamble" so-called "Dynasty, Taizong Venture East, the Sun Mr Law, the production, only flogging ". At this point after the regime has not established written decree medicine, Chinese medicine from the legal system used to maintain the clan. Shunzhi first year (1644), Qingbingruguan, formally established the Qing Dynasty. Han culture of the Qing dynasty rulers nurtured by the ideology of the clan awareness of the rapidly changing for the feudal ideology. To this stage of the Qing dynasty rulers to rule the country, inherited the experience of the creation of the Han rule of law written Code "Qinglv," Tsay repair at the same time with the significance of the Code "will be the Qing Code." "Qinglv" and "Code of the Qing will be" involved in the affairs of Chinese medicine and rules Tang, Song and Ming compared with no substantial change. This means that the rule of law in the Qing Dynasty Chinese medicine from the clan system for the evolution of the legal system of feudal legal system. Daoguang 20 years (1840) outbreak of the Opium War, China became a half-feuda-half-colonial-society, Western culture has this law through various channels penetrated Chinese society. This stage of the Qing dynasty Chinese medicine reference western Act, more innovative, objective Qing dynasty Chinese medicine stresses the rule of law is a history of tremendous progress, the impact of the legal system in medicine great, but inevitably there is a strong color of colonial laws.2. "Han discretion of the Senate" for the legislative principlesAfter the Manchu rulers of the Central Plains into good management to be conscious of the Han nationality as the main countries must learn from the Han large number of legal experience, but also that the nation should maintain its own characteristics and therefore established the "Han discretion of the Senate" legislation guiding ideology. "Shen Han" refers to refer to the Han experience, "the discretion" means to retain Manchu characteristics. Qing dynasty Chinese Medicine Act was also affected by this. "Qing Law" were "rigged Yushan is wrong" crimes, "a Royal medicine is wrong", "Yong Yi destruction of life" crimes, "pseudo-medical home bluff fiscal plans" crimes, "private plane ginseng" crimes, "the military service for the" crime "trespassing The sale of poison "crimes. The "Yushan made an error" crimes, "a Royal medicine is wrong", "Yong Yi destruction of life" crimes, "pseudo-medical home bluff fiscal plans" crimes "unauthorised sale of poison" the crime of five are followed "Minglv" relevant provisions, Count of settings, such as punitive measures and almost no change. "Ginseng private plane," the crime as "the Qing Law" new "soldiers for the easement" over the crime of the former provisions have been greatly different, is the embodiment of the Manchu ethnic characteristics. Ginseng prohibit private plane to protect the Manchu-specific drug treatment resources to ensure that the Royal demand, but also to punish violations of the Qing Dynasty Tombs previous Dihou sleep behavior. Manchu rulers of the armed forces attach considerable importance to the building, it set up a "military personnel for service" to punish the crime of mixing with the army Yongyi, military medical quality assurance.Former rulers of the Qing Dynasty followed sharp Act, inherited both experience and continuity of the previous history of inadequate medical legal system, which is ignoring civil medicine medical problems. Juanzhi voluminous, "the Qing Law" and "Code of the Qing will be" involved in the civil law very few medical rules. The reason is that the ruling class conservative political philosophy. For the interests of private litigation, the rulers seem nothing more than a "small matter" of disputes, lack of due attention. They are seeking the interest of First Instance, no defendants. "No court" is not only the value orientation of bureaucrats, is also a broad masses of the impact, if a dispute is pinning hopes on the Gangchang the role of Germany and the sheikhs of the mediating function of the right neighborhood, very few officials in the litigation. This is also China's 2,000 years of feudal history of medicine breakthrough in the legal system rarely one of the reasons why.3. medicine Act full centralization of power, governance at the thought.Since the Han Dynasty "Only 100 deposed Confucianism," the Confucian thinking of governance at the previous dynasty was identified as the unquestionable principle of governing the country. Qing dynasty Chinese Medicine Act also inevitably full of governance at the atmosphere, is the concrete manifestation of the consequences as a result of the parties vary. "A Royal medicine is wrong", "Yong Yi destruction of life" crimes are designed to punish Yongyi. But "there are a Royal drug misuse" of the victims are noble ruler, was included in the "Taibu Jing" areas, are "Shie" one, even if no serious medical consequences related to the subject of criminal punishment, regulatory officials Will be affected, "by cooks who admitted the crime of second-class" treatment. In contrast, the civil malpractice liability of punishment is much more to light. "Yongyi destruction of life" crimes: "Where Yongyi well as the misuse of acupuncture treatment, and thus to death, to manslaughter on (by law to pay their ransom home)." People killed and more medical blunders eventually will end the way of compensation, but at least Yuyi errors are subject to criminal punishment and severely punished, with different crimes of impunity, at the rule of feudal thinking embodied most vividly.Feudal society is centralized community. Centralization of power, QC, also reflected in the thinking of the Qing dynasty Chinese medicine in the legal system. Qing dynasty Chinese Medicine Act is to ensure that more health care quality may be the emperor. "Qing Law" and "Code of the Qing would" contain a large number of medical, QC, the legal provisions related to personnel and meticulous division of labor, strict supervision, the right to select clear, in order to protect members of the royal family of drug safety and medical quality as the guiding ideology and The focus of work, written into the Qing dynasty Chinese medicine the main Act. Yuyi the conduct of multi-storey supervision, often in the blame. Regulation of private medical medicine Act is extremely careless, coverage is also narrower. This shows that the Qing dynasty Chinese Medicine Act is as Huang Zongxi said, is "one of the law" rather than "the world of law," This shows that centralization of power, QC, the Qing dynasty Chinese medicine is the rule of law and the fundamental point.4. customary law is an important role to playQian Wenyi reference to the Qing Dynasty written code of civil medical attention less than the medical field. At the same time the Qing dynasty rulers of conservative legal thinking, "Qinglv" was made that can not be changed, otherwise the system is contrary to the ancestral Danibudao. Therefore "Qinglv" to Qingmoxinzheng enacted before the start of officials at all levels in the additions and deletions Dan provisions, the legal gaps in the field of medicine can only be filled by customary law. People customary law is recognized as legally binding and some of the habits, practices and general practice []. Qing dynasty Chinese medicine in the common law legal system takes up an extremely important position. The vast majority of the Qing Dynasty Chinese medicine adjustment civil legal relations are in the code of conduct "habit" as a form of expression, Dahir rulers again in the form of recognition, formed the Qing dynasty Chinese medicine customary law. Documents found summing up the Qing dynasty, will rise to the habits of Chinese medicine mainly used to have two: "Chi-ming received treatment" and "pro-Bong-paternity." "Ji received medical people" refers to countries in the face of natural disasters and epidemic disease, in the name of the emperor to send medical officer for the treatment of civil and distributed free medicines. "Ji-min received treatment" is not the habit of starting from the Qing Dynasty, the Han dynasty historical records are "people Jiyi, Didi empty homes, home for the Chinese medicine" tradition, history and more followed in Li Zhao. Literature Research shows that the rulers of the Qing Dynasty in its capital Beijing after a good practice the "Chi-ming received treatment," the habit, almost every time after the outbreak of the disease have sent doctors to send medicine, this shows that "economic received medical people" have a The status of customary law. "Bong paternity pro-drug" refers to pro-long illness at a time when children must personally serve traditional Chinese medicine. Children Bong-paternity can be more pro-government officials at all levels of recognition. Dai Yu Feng, in addition to pro-drug paternity condemned by public opinion, will be classified as "Buxiao" areas, this is "Qinglv" OK "Shie" one of the law will be severely punished. Royal nobles in the Qing Dynasty, "Shi Feng pro-drug," the more able to personally think that setting an example, "Record-" quite a lot of this record. Moral advice, legal constraint, the emperor set an example in these three areas combined forces, "Shi Feng pro-drug" also has the effect of customary law.5. the late Qing Dynasty Chinese Medicine Act colonial strongChina became a semi-colonial society, the colonial powers to give up consular jurisdiction as bait, the Qing government to induce the West to amend the law as a template Qinglv. The Qing government in this stimulation also decided to "light of national laws", to amend the existing law, "the Treasury of Chinese and foreign access". After the Qing dynasty rulers of the New Deal to imitate the West, creating a series of new legal medicine. "Clean the law", "breach of police rules" There will be a special chapter provides medicine Act. Northeast outbreak of plague, the Qing government at all levels enacted Prevention of Disease Ordinance 15, traffic control, disinfection and disposal of the bodies, public places medical management in many fields. Qing Dynasty around the public medicine, quarantine, vaccination rules have been created or improved, China's epidemic prevention is the rule of law Faren. Most of the Russo-Japanese and other foreign powers in the country "consultations" develop, in the light of the legal development of mature western countries, greatly improved the quality of legislation, the legislative process is more reasonable. However, because of interference by foreign powers, which also exists in the extreme lack of national self-esteem, such as "Chinese Eastern Railway informed the restrictions on the transmission of infectious diseases," provides that "laborersnot allowed to take the express train, postal vehicles......no access to the waterfrontlaborers Province, to After the Baikal province in Manchuria stations will berequired to post-mortem on the 5th of release...... also abide by Chineseentrepreneurs all over the Constitution, but different than the laborers, if the junction points, Manzhouli station strict disease-free, quasi-Riviera Province and its after-Baikal Province ". "Laborers" on transport, accommodation and other matters in strict restrictions on foreign nationals not to regulate similar acts, the comprador nature of the "Chinese entrepreneurs" are given between "laborers" and foreigners between the treatment. Also, "Railway traffic interdictions of Cuozhi law" provides that "Xi Boli and southern Manchuria passengers entry, but Western medicine certificate, the Commissioner no longer Liu Yan," to have "Western medicine certificate" as a condition of Liu Yan from a blind Meiwai mentality.Through careful study, the Qing legal system health lessons can be drawn the following conclusions: First, the state must correct treatment of medical doctors and the attitude of the Second, the state must improve for the survival of Chinese Medicine Act legal environment and the law of soil; three, public health legal system should be An open, inclusive system that allows the necessary innovation and therefore the failure of local interests and the loss of four, medicine law will also need to be consistent with the medical and social reality of the medical environment. |
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