On The Relationship Between Lü And Li In Qing Dynasty

The parallel pattern of Lü& Li in Qing Dynasty is the last pattern of Chinese Legal System. As an important component of ancient Chinese traditional cultures, Lü& Li system embodies the fundamental spirit of Chinese traditional legal system and reflects the traditional Chinese thinking patterns and habits.China had been on the way of modernization since modern times. With the disintegration of the legal system, the traditional Lü& Li were completely abolished. Advanced Western system and culture was referred and transplanted as the basis for establishing the new system. The new institution and culture can change the whole society, but we could not ignore the tradition of Lü& Li reflecting the inherent nationality of the Chinese and their potential impact. Also, this is why the modern legal system is lack of national recognition, "not suitable for the community, and not connected to the history". Therefore, it is most important to do some profound study about the Lü& Li, to learn the potential impact of the traditional spirit on the modern life, and to solve the problem of modern legal identity of nationality.Based on the rich historical research data such as the codes, the legal written and the judicial files of Qing Dynasty, combined with the ancient social backgrounds and ideological basis, we adopt the methods including the expression and practice analysis, historical analysis and Character Research on ancient writing methods to do some comprehensive study on the Lüand Li of Qing Dynasty.In the introduction, this paper introduces the understanding of the Lu, the Li, and the mutual relationship in present academic circles and explains the study value of this relationship.In part one, this paper analyses the origin and development of the Lüand Li through exploring the origin of ancient text, and raises some personal opinions about the nature of the ancient Lü& Li.In part two, this paper concentrates on the social backgrounds and ideological basis in which the Qing Lüand Li existed. All this is necessary for us to understand the inherent nationality embodied by the tradition of the Qing Lü& Li.In part three, this paper introduces how the Lüand Li were enacted in Qing Dynasty. By introducing the development process of the Qing Dynasty legal system, we can better understand the succession of the Qing Lüfrom the Ming Lu, unshakable authority and unchangeable rigid of the Lüin Qing Dynasty. The wide variety of Qing Li came directly from the judicial practice, conformed to the social development, and made up for the loopholes in the Lüin Qing Dynasty.In part four, this paper discusses the relationship between the Qing Dynasty's Lüand Li from the aspects of official expression. The official expression defined the relationship between Qing Lüand Li as just "Lüis forever principle, Li is temporary expedients", which enbodies the emperor's control over the judicial affairs in Qing Dynasty.In part five, this paper analyses the relationship of the Qing Dynasty's Lüand Li from the aspects of practice. The relationship of the Qing Dynasty's Lüand Li was relatively complex in practice. Lüwas stable and Li was active. As for the acceptance of civil customs, Lüand Li had different standards. In addition, this paper reveals error of the problem so-called "breaking Lüwith Li" .In part six, this paper sums up the characteristics of relationship between the Qing Dynasty Lüand Li. In addition, this paper discusses the significance of the Lüand Li relation to the modern legal. On one side, we cannot neglect the negative impact of the Lüand Li in Qing Dynasty—"the legislative activities are judiciary, the judicial activities are administrative" on the modern legal system. On the other side, it is worth for us referring the positive method in legislation that the Qing Lüand Li can utilize and transform the civil customs to obtain social recognition and to achieve social control.In Conclusions, this paper raises viewpoints as follows:First, the Qing Dynasty Lüwas a kind of Written Law with a strong color of Customary Law; Second, the Qing Dynasty Li embodied judicial intervention by the royal authority, which is a legal system between the judicial practice and Written Law; Third, the relation of Lüand Li in Qing Dynasty was based on "the analysis of Jing and Quan" model, the stability of Lürepresented the imperial majesty and the basic spirit of the law. While the relative flexibility of the Li was more close to and comply with the social changes. It is worth for us learning from the approach that the Lü& Li option and guide the civil customs to obtain the social recognition.