Research Of Analogous Of Qing

From the extant Chinese traditional codes, we can find they had a rigid side, how to apply the rigid laws to a variety of cases, which met the original intention, not exceed people’s rational expectations, is a difficult problem of the law applicable not only in the modern judicial process, but also in the process of application of the Chinese traditional law also exist. As a method of legal applicability in the traditional society, the criminal justice process, is an important content of the Qing Dynasty criminal legislation and judicial quoted by analogy.As the principle of a legally prescribed punishment for a specified crime, analogy was the important content in the Qing code. In the thesis, I have analyzed the theory of the laws and regulations of the Qing Dynasty and analogy citing laws behind the legislation, jurisprudence and the criminal Hui Lan, Case compilation, adopted the research methods of the modern hermeneutics in the view of the principle of conviction to law, to attain a comprehensive and objective view.This article mainly include the following several aspects.The first part is the introduction of the thesis, which mainly introduces the basis and the significance of the research, the present situation and the research methods and the angle of the study.The second part is the comparative attached quoted the kinds of analysis carries on the outline, that is divided for the identity of the analogy and other analogy. Adopting the modern legal principle of crime and punishment, I briefly analyze the perspective.The third part is analysis of the analogy of identity respectively from the Qing Dynasty criminal legislation and judicial practice. Legislative layer facing the social and legal reasons of identity analogy has carried on the thorough discussion; judicial level is from the criminal exchange exhibition, barge case assembly in specific criminal case. In this part, I deeply analyzed the status of the analogy in criminal trial in the Qing Dynasty the applicable legal principles.The fourth part is analysis of other analogy.Citing the specific criminal cases, adopting the legal aspects of comparison and analogy, I analyzed and criticized other analogy in Qing Dynasty legislative and judicial level.The fifth part is the amendment of laws in the late Qing process comparison report quoted system for the abolition of the society and the level of the legal system of the overall analysis is outlined; comparative report quoted this in Chinese feudal society existed thousands of years long legal system eventually in the late Qing Dynasty and the amendments to the law in the process was abolished by the reasons for the analysis and comment.The sixth part is the reflection of the influence of the system of the attachment to the contemporary criminal legislation and judicature.The seventh part is a comparative analysis of the system as a whole.Overall, based on analogy of Qing Dynasty, this thesis quoted system analysis and comment, analyzed of its reasonable composition, reflected on their historical limitations; discussion which contains the legal philosophy can provide for the contemporary criminal judicial practice history reference; in order to realize the criminal trial of fair and justice, to achieve the effect of making the past serve the present.