Trial System Of Transboundary Case To Korean In Early Qing Period

This paper discusses the trial system of transboundary case to Korean in early period of Qing dynasty (1637-1795). Studying this issue, we can inquire into the trial system of transboundary case to Korean. From a new angle of different periods'trial system and evolution, we can get a deeper understanding about the relation between the two countries of this period.This paper is divided into six parts.The introduction summarizes briefly the researching outcome about the relation between China and Korea in each sphere and the historical background about the relationship between the two countries in early period of Qing dynasty. It also makes clear the researching object.The first part discusses the control towards the border between China and Korea in the early period of Qing dynasty. The first section discusses the relationship between the Qing dynasty's prohibition policy to the northeast region and fetching in people policy in tenth year of Shunzhi. There are several controversies toward the prohibition policy to the northeast region in academic circles. The second section introduces briefly the Qing dynasty's organization in the border between China and Korea.The second part discusses the trial of trans-boundary case to Korean in the period of Shunzhi. Through expounds the historical background and reason of trans-boundary case, it analyzes the characteristic and change of the trial process in the period of Nuerhachi Huangtaiji and Shunzhi.The third part discusses the trial of trans-boundary case to Korean in the period of Kangxi. Through expounds the politics in inland and abroad and economic structure, it analyzes the characteristic and change of the trial process in the early and later period of Kangxi.The forth part discusses trans-boundary negotiations between China and Korea in the period of Qianlong. The first section gives a briefly introduction about the form of border patrol system. The second and third sections analyze trial process's characteristic of trans-boundary case to Korean and the application of gallows in the trial of trans-boundary case. The forth section shows the gradual improvement of international judiciary and the gradual maturity of trial system of trans-boundary case to Korean through the affairs of checking traitors who cross the boundary illegally.The last part is the epilogue. It summarizes the whole paper and points out the substance.The policies of Yongzheng period are almost the continuation and inheritance to Kangxi period's policies. And the trial procedures about transboundary case also follow the way of Kangxi period. So, we do not use a separate chapter to expound it. Based on case study and vertical comparison, we can draw conclusion as follow:The trial system of transboundary case to Korean embodies the two countries'subtle relations in different periods and different historical background. It influenced by the relation between the two countries and also can affect the relation between the two countries. The maturity and perfection of judicial system concerning foreign affairs have positive influence on the development of the two countries'relation. But we can not deny the fact that, because of the influence of relation between suzerain and domain, Qing dynasty is short of coherence and strict law standard when it deal with the case referring to the two countries. When the relation is smooth, the Qing dynasty always follows the views of korea's king to handle leniently. When the relation between them is rather strained, it is always embody the Qing's dissatisfaction and bossiness. The gradually improving process of trial of transboundary case represents the continuous perfection and normalization of the system between suzerain and domain.