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The Early Qing Escape Personal Law

Posted on:2012-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:P ShaoFull Text:PDF
GTID:2215330338959305Subject:Legal history
Abstract/Summary:PDF Full Text Request
Content summary escaped in early Qing dynasty law is a legal system has not been seen in the history of China. Its formulation with deep practical background, nurhachu to unify Jurchen departments, war with the Ming dynasty, suffered from lack of troop resources, provisions and funds for troops bad, had to be captured and drop person as a slave, raised eight banners in combat. For the Suppression of the slave escape, was fleeing law. This is an intense military colors of temporary nature. Because of the eight banners system difficult, slave system it is not easy to escape laws have been followed. After entering the war is not the main task of the Manchu. Fulin failed to change strategy, designed the Customs to combat proven serfs production copy to kannai, replace the existing feudal rent system, is a historical retrogression. Caused by a large number of slaves escape, aggravated escape penalties of the law, was tantamount to the flames, causing tremendous social upheaval and economic loss. Xuan ye in view of this, gradually reduced to escape penalties of the law, gradually easing social conflicts and national opposition, deeper reason is economic and social development of the feudal rent system replaced the SERF system, appear to escape was tantamount to the Cauldron. To reign in the late escape people basically disappeared, although the law did not escape were abolished, has lost its value and significance of its existence, become a dead letter. Introduction, body and conclusion by the three parts of this article. Introduction introduces the author thought escape in early Qing dynasty person starting point of law, that is, the system developed is based on the macro-background and the development of private ideas for portals, analyzing the nurhachu, Huang taiji, Fulin, Xuan ye four generations the purposes, modify the historical background and reasons for fleeing law. Escape and contents and changes of law made a preliminary summary of the presentation. The body is divided into three parts. Overview of the first part before entering the Qing. After built mainly introduces the Manchu rule of macro-social context, and describes the escape and laws closely related system-two-eight banners and slave systems. Little population, nurhachu Quartet go on a punitive expedition had to adopt policies is our people, the eight banners system came into being. The population into the eight banners, each solid mountain (flag) has 5 a la, per a la Salle has 5 cattle were recorded, the placement officer management. Per cow recorded "three-Ding" farm in peacetime, wartime army. Eight banners military units, administrative units, visible and was a soldier in one of the eight banner system, integration, integration of military and political system of no-tillage warfare, the system ensures the discipline and combat strength of Manchuria. Has a long history the slave system, nurhachu and insufficient to compensate for the manpower resource under the scarcity of provisions and funds for troops, vigorously develop the slave system, will capture and recruit deserters and renegades from the Han to the war Minister of King and the eight banners soldiers as slaves, for the Manchu war machine use. Slaves no personal freedom, property and political freedom, equal status and goods, coupled with very heavy oppression, escape, for the Suppression of the slave escape, nurhachu has developed a series of punishing people, punish harbouring and escape arrest fleeing human Act, for ease of writing, collectively referred to as evasion law. Part II introduces the escape method of the specific content and change process. Nurhachu, Huang taiji, Fulin, Xuan ye four order of discussion. Noor, hachi provisions unauthorized left forces or village Tuen of slave is for escape people, Hussein out of zhihou manuals executed, late development to only has fled idea of people also finds for escape people, will escape people of range expanded; tribe internal hosted escape people who to thieves penalized as, tribe outside hosting who is was go on a punitive expedition, as a warning to others; and along edge built barrier to prevention fled, effective stop has slave of fled. Characterized by heavy flight light escape, punish severely people light punishment Wo hidden escape people escape. To unify Jurchen manzhouli departments and eventually Ding Zhongyuan set credit. Overall, escape laws can be said of this period is a State of war under the interim policy. During Huang taiji, the war still is the subject of Manchuria. Huang taiji inherited the former punish people escape and Wo escape on the basis of those provisions, made an adaptation of the State was changed. Punish people escape, full of light and Han Chinese, Mongolia, and cancelled the fugitive suspect set for provisions of escape, and summed up proven arresting people escape measures, improvement in the living environment of those Han slaves, fewer defectors, steady increase in Manchuria national strength. Overall, this period laws than former escape width of sustained, particularly in respect of treatment of Han Chinese, easing some of the ethnic conflicts. In terms of arresting getting more mature, technology also ensures reduction in the number of people escape. Fulin period, Qing armies occupied Beijing, Ding Zhongyuan, the entire social environment and national policy than the former two there is a huge difference. This period of escape people number is up to of for stop unprecedented of fled storm, Fu p introduced has unprecedented of punish escape people and a person who harbours criminals, loot or contraband goods of draconian law, concentrated reflected in du catching aid under in the, provisions escape people fled Qian twice are sentenced "whip 100", third times fled was Hussein out of Fa-rectification; Wo escape who Fa-rectification, and estate nationality no, family migrate customs to eight banners poor soldiers for slave, and Yu headquarters of army zhixia reset du catching Yamen spot Secretary its vocational. Penalty of heavy ancient rare made full officers and Chinese officials as a result of enclosure to escape human mutual most caused internal division of the ruling group. To sum up, Fulin the penalties aggravated fleeing law is both for stability and social order of unselfishness, also saved a partial to full of selfishness, from this point, of the escape of such harsh laws will not be long. Period of Xuan ye, substantially revised the du catching rules, escape on the local jurisdiction of cases by the Manchu generals moved to the provincial governors ' (escape cases of Han Chinese began to participate in the trial), and greatly reduce the fleeing person, a person who harbours criminals, loot or contraband goods, long o, long ten, hundred, local officials and others fleeing people law penalties. Third part on escape method of evaluation. Escape by people as a temporary for a period of military policy, prior to entering Manchuria has great positive significance. Development and consolidation of national defense also played a huge role in the Northeast. But at the same time it should be noted, after entering the forced implementation of serfs manufacturing into national slaves fled, to that end, Fulin launched a vigorous series of escape Act, only to be stoked, caused great social turmoil and economic loss. Overall, ran law is in the process of implementation, is the negative impact of having a positive impact. Conclusion section, to the interaction between productivity and production relation by escaped person to look at different periods and levels of economic development and social conflicts, explained why after GATT, escaped and causes of laws must be repealed. And clarify the feudal rent system replacing the historical necessity of serf-production.
Keywords/Search Tags:the eight banners, slave, enclosure, escape people
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