The Sources Status Of Law"Case" In Qing Dynasty And Its Modern Enlightenment

Qing dynasty is China’s last absolute monarchy,and the Qing dynasty law is a master of the feudal law. The Qing dynasty law belongs to the Lv-Li legal system. "Case" is one of the important sources of law.In line with the "The ancient" ideology and the thought of imperial majesty, it concluded that "the law" do not move, to leave room for the establishment of "case". Qing dynasty law "case" is divided into Regulations, Cases and Examples. Case has general characteristics, at the same time it has particularity in the legislation and judicial practice. Case has various properties and is mainly on administrative law nature. It is a special laws and regulations after Qing reign.It is difficult to research case because it has no system and very messy. The key project of national social science of "case study" in the Ming and Qing dynasties supported by Professor Liu Ducai, is by far the most detailed in-depth research about "case". The author mainly bases on professor Liu Ducai academic point of view, and takes "statute law system in the Qing dynasty" as a whole, from the detailed empirical data, to understand the meaning of "case" and the nature and the formation process of cases as a source of law. It has a lot of work. For example,it makes up for the shortages of law books in the legislation, or it can punishment and education, or it is good for judicial resolution. Of course, the case also has significant limitations. For example, different people have different rights and they give priority to with obligations. In addition, there are other aspects including legislation of arbitrary and content of the scattered. Case is criticized by modern scholars, though, such as its shorter time lines, too details, or occasional signs of breaking the law. But it shows the charm of the Qing dynasty legal alternative, excellent legislation technology level. It has the rationality and necessity of existence. So it can flourish in the Qing dynasty. History should not only think, and what is more important is to learn from experience which provides a reference for the modern. Case makes abstract spiritual principle embodied, by making temporary legal norms to make laws to judicial practice. Especially, with the emergence of the new legislation it is greatly shortened the cycle legislation and improves the administrative efficiency. Reference to its strengths like strong ability to solve specific problems and the merits of convenient and quick and overcoming its disadvantages, it is a great help to achieve fast and good legislation in a rapidly changing society.