Research On Forgiveness System In The Qing Dynasty

The system of pardon and pardon has accumulated the most abundant historical experience until the Qing Dynasty.As the second minority country in power,the qing dynasty also faced with the unfamiliar system of pardons and pardons,and was able to fully draw lessons from the yuan dynasty.With a positive attitude to learn,tolerate and develop,the Qing government gradually found a suitable mode of operation of the system of amnesty and forgiveness.Under the guidance of the policy that pardon and pardon are available but not frequently issued,the establishment,application,adjustment and perfection of pardon and pardon system have been realized,which can play a positive role in serving the goals of different stages.The study of the system of pardon and pardon needs a carrier.The emperor granted amnesty to the people by issuing amnesty letters,which were carried out on the basis of ministers.Thus it can be seen that the amnesty book is the most appropriate carrier.The content of amnesty books increased gradually in the Qing Dynasty,which confirmed the positive response of the state to social changes.Although according to the Manchurian records,in the fifteenth year of Wanli(1587),the Qing people built the state in Feila,Beginning "national politics,insurrection,theft,fraud,sita is prohibited",May be "insurrection" and "evil" ten content is similar,However,from the content of the amnesty issued by the Qing government,the definition of the "ten evils" and their specific definitions began from scratch,and the types of lists were gradually fixed after several changes.From the pardon of "ten evils" to the unpardon later,it shows that the ruling ability of the emperors of the Qing Dynasty is also steadily maturing,and the attitude towards serious crimes such as serious harm to the imperial power is consistent.Under the struggle of Nurhachi and Huangtaiji,Shunzhi,the ancestor of the Qing Dynasty,established the Great Qing Dynasty.Through the efforts of Kangxi,Yongzheng and Qianlong emperors,it reached its peak.Emperor Jiaqing developed steadily until the end of Emperor Daoguang’s reign,and the Qing Dynasty gradually declined.During the whole process,although the "ten evil" unpardonable was always the main line,the Qing government would adjust the content of the unpardonable in different periods.Such as "hidden manchuria to escape people" and "military convicted" "murderer" crime "murder",because the quantity of crime,cause the harm degree rise,thus achieve to the degree of "evil" and not forgive.After governance,this type of crime will be reduced,and the content of the amnesty will be adjusted accordingly.There are political,economic,military and other reasons for the change in the content of the amnesty.Practice is the sole criterion for testing truth.The implementation of amnesty and forgiveness from the start,decision,promulgation,implementation of four aspects as parameters,together constitute the evaluation system of the operation of amnesty and forgiveness.First,analyze how the pardon was initiated,and then,in the process of the decision and promulgation of the pardon,there are three levels.One is to focus on the issue of who will forgive.Generally,the absolvable system comes from the emperor.From the absolvable system of Dourgun,the application of the minister,the petition of the minority to explain the three cases.The second is the service of the pardon,paying attention to the scope,way and effect of the service.The third is the promulgation of the pardon,mainly from the place of promulgation,timing,process norms,to illustrate the seriousness of the promulgation of the procedure.Then,the application of absolvable system is the core.To study the operation of the system,representative samples need to be selected,and the normal application will not be repeated in this paper,that is,it will not be considered as samples.Therefore,the special state of pardon operation is selected for the study.One is the multiple promulgation of the same thing or the same person;The second is the connection with the legal procedure at that time,which can be divided into three situations: to be forgiven on the way,to be forgiven within the limits of participation,and to be forgiven during the execution of punishment.Third,it is applied according to the object classification of pardon,which is specifically divided into the following categories.The first category is criminals;The second is the officials involved in the case,which is further subdivided into arrest officials,implicated officials,the first accomplice;The third category refers to misconduct arising from the pardon of crimes;The fourth class is Gua Wu on business;The fifth category is prisoners in prison,which is divided into those who can be released from prison,those who can be reduced,those who have been arrested many times and those who can be released from prison.The sixth category is to send the criminal,which is divided into two cases: pardon and military flow.The seventh type is the flag man.The status of the Flag man in the Qing Dynasty is special,facing the flag man,the operation of absolvable system will not be affected? The third is about the special form of absolvable system.The actual effect of pardon operation is divided into good effect and bad effect.Good effects,such as the surrender of The DPRK,the pacifying of the mutiny,the recruitment of wu Sangui’s old ministry,and the suppression of local forces.As a result,some problems have emerged,such as the corrupt imperial family,the ministers with negative and simple functions,the chieftains who are not accustomed to the environment,and the private peddlers repeatedly.In view of these shortcomings,the then governor also carried on three Angle correction.First,the legislative aspect of absolvable system-making or amending laws.Measures have been taken to legislate,amend laws,make orders,make orders,commit crimes and draw up articles of association.Secondly,the application level of pardon-fight against illegal relief.Finally,the outcome level of absolvable system-avoiding the negative effects of absolvable system.Mainly to avoid the application of absolvable system,the emergence of "insufficient punishment" "insufficient cover gu" and other embarrassing effects.Through the research of these four aspects,we can understand the practice situation of the system design of absolvable system in practice,and the reform path of the rulers to the problems,which vividly reappears the running process of absolvable system.Absolvable system is a part of society,and it must be integrated into the larger system of society.Absolvable system in Qing Dynasty was closely related to the society,especially to the law.The two were not only contradictory,but also complementary.The purpose and effect of the law,which prescribed punishment,and the pardons,which reduced punishment,struck each other,and the Emperor knew it well.In the provisions of the law,some crimes and punishments in the Qing Dynasty were excluded from the absolvable system,and the law played a certain role in limiting the absolvable system.On the other hand,absolution in some respects eases the strictness of the law.In addition to improving the role of law,absolvable system also has other social and practical functions,such as declaring the mandate of heaven,changing with the people,maintaining social stability,promoting the implementation of punishment,responding to natural disasters,adjusting policies,comforting the people and so on,and actively responding to the development of society.Although the pardon had a negative impact on the society,the emperor also repeatedly discussed the "pardon of bad government".To these criticisms,the Qing Dynasty also made corresponding corrections during the operation of absolution,but some problems were still difficult to solve.To sum up,the arbitrariness of remission,the imimpartiality,the impenitence,the expediency of remission,the delay of a sentence,and the problems that arise after remission.However,the Qing dynasty did not absolve it after all,but on the basis of restraining its negative influence,made great efforts to exert its positive social effect.In terms of social stability,first of all,we should open the door of self-surrender and renew it.Second,we need to stabilize military morale.On the one hand,after the absolution han army meritorious service;On the other hand,the crowd on the battlefield violated military discipline "carrying children" behavior to pardon.Third,civilize the ethnic groups.Fourth,pay attention to management after pardon.After the absolution of a large number of soil thieves,how to effectively settle these people is a social problem that must be solved.Take direct and indirect combination of measures,The amnesty back personnel can not be too broad,can not be too strict,pay attention to the "degree" grasp.Fifth,consolidate the frontier.In promoting the enforcement of penalties.First,guilt and punishment are applicable.For example,the conditions for aid absolvable system are quantified.Second,clean up the prison.In terms of concessions to the people,the first is the exemption of accumulated arrears.Second,the previous policies of the former Regime will be continuously ostinatized,and the salt class will be exempted according to the circumstances.The third is,forgive the scholar rely on the class of debt.In terms of leading social orientation.First,the legal effect of corruption control is unified with the social effect.The second is to forgive and commit the crime again.Third,consider the law does not blame the "whether to be punished more severely".The fourth is to punish "reach out for a yard after taking an inch--be insatiable".Finally,adjust the trial,let love and law into the middle.Through the research,it is found that in the middle and early period of Qing Dynasty,the operation of absolvable system was positive and effective.In 2019,the country will resume the "hibernation" pardon system.Through comprehensive research and analysis of the advantages and disadvantages of a relatively successful pardon operation sample,we hope to provide a useful reference for the high-quality operation of the current pardon system.We will enable the system of amnesty and pardon to play a positive role in the socialist system of rule of law with Chinese characteristics.It also summarizes the four characteristics of the Qing Dynasty,namely,prudence in pardon and pardon,restriction of pardon,emphasis on the unity of sentiment and law,and emphasis on the supervision of the effect of pardon and pardon.