End Of The Qing Torture System Abolished

The system of torture is an important component, which can't be lack of in our traditional judicial system, it is also one of the most advanced and perfect symbols of the legal system in the early times in China. In the long history of development, the system of torture was always closely connected with the traditional judicial system. In the end of late Qing Dynasty, it had the fate of being abolished with the transition of the traditional legal system.The first part of the text mainly discusses the era background before the abolition of torture. In spite of no more than 10 years from being raised to being carried out, the realize of this aim in this special historical period was based on sets of new changes in the field of politics, economy, thought and legal.The second chapter centers on the argument about abolition of the torture in the late of Qing Dynasty, introduces the argument's specific content deeply, points out the focus of their argument was the problem that when and how to abolish torture, not whether it should be abolished. The reasons for argument included: the conflict between traditional and western culture was the first one; the difficulty in evaluating their standpoints with a simple standard of right or wrong; etc. The result of argument is that torture was abolished with reservation. But the effect of the way of "forbidding but not abolishing "is very weak actually because of all kinds of facts.The third part primarily expatiates the attempt that the early of Republic of China made to abolish the system of torture, and it had two parts, one was the thorough abolition in legal system, another was objection in thought realm. Then, taking some judicial cases as example, analyzes why the torture was still performed as past in the early Republic of China's judicatory practice from aspects of national finance, lack of talented person, system loopholes and politics.In the end of the text, the author discusses the meaning of the abolition of torture. About its positive meaning, the abolition was benefit to traditional judicial system's transformation, and promoted the protection of Chinese human rights.Besides these, it had positive meaning in other realms, such as to limit ruthless penalty, etc. There were some problems in the course of abolition, the one was that people valued institution renewal but neglected public idea's renewal, another was that people attached more importance on advancement of the system's design than its adaptability. These problems had some negative influences on that how to eradicate torture completely in Chinese judicial practices later.