A Study On The Legal System Of Kinship In The Qing Dynasty

Offensives among relatives in The Qing Dynasty Law means various destructive behaviors among relatives. It both includes the destructive behaviors causing the consequences of criminal responsibility and the destructive behaviors not bearing criminal responsibility. Grading relatives that is the five costumes system comes from the mourning apparel system in ancient china. The principle "Criminate according to the five costumes" in The Qing Dynasty Law, which means severity of costume system and distance of relationship, is the standard to convict and sentence.The Qing Dynasty is the last feudal dynasty of China. Because it inherits and follows legal system of past dynasties, the legal system of Qing Dynasty can reflect the changes and the development in the legal system of the feudal society, so studying the legislative process and the application in judicial practice of offensives among relatives in The Qing Dynasty Law of course is meaningful. This paper focus on the legislative process and the application in judicial practice of offensives among relatives. It is divided into three parts: The first part defines relatives in The Qing Dynasty and summarizes the legislative status and characteristic of offensives among relatives in The Qing Dynasty Law; The second part tries to illustrate the the legal system of offensives among relatives in The Qing Dynasty Law how to use in judicial practice through researching procedure, trial and influence of offensives among relatives; The third part tries to give some suggestions to perfect the legal system of offensives among relatives in our present criminal law through analyzing legislation and judicature about offensives among relatives in The Qing Dynasty Law.