Qing Dynasty Lifetime The Judicial Use Yangqin

The CunLiuYangQin was granted by governor to some convicted criminals who were sentenced to imprisoned, exile or death so as to enable them to take care of their old or sick parents instead of penalties. The law related with it stemmed from Northern Wei Dynasty and be continued to Qing Dynasty after be inherited from Tang, Song, Yuan and Ming Dynasty. Among feudal dynasties in Chinese history, the law of The CunLiuYangQin in Qing Dynasty not only had detailed content and diverse forms, but also was effective used in real life. On the basis of inheritance of the code of CunLiuYangQin in Ming Dynasty, Qing Dynasty expanded the application conditions by expanding the rules of it, and developed the distinctive system of CunLiuChengSi which was set up in order to made the family reproduce so as to promote its effective use. In addition, the judicial officials in Qing Dynasty reviewed extensive and detailed the content of the CunLiuYangQin to prevent the false information and formed the strict surveillance measures system. All in all, we can see the strict constraints from the law and the warmed human feelings intertwined in the judicial application of the CunLiuYangQin in Qing Dynasty. In the premise of following the meanings of the code of the CunLiuYangQin, judicial officials in Qing Dynasty pursuitted the high degree of the integration of the justice, nation law and human feeling, and realized the beyond of the statute to achieve the organic integration of the "formal" and "substance" of the judicial application. These judicial application have great reference value to the judicial reform of our modern probation and have the better realization of the social justice from form and substance aspects.