Legislation Study On Servant System In Qing Dynasty

Literature may provide another perspective on the understanding of law.Studying legal history by literary texts will grasp and understand the truth of theancient legal system and legal culture deeply and comprehensively. As the peak ofclassic Chinese novels,“A Dream of Red Mansion” has got great attentions fromexperts and scholars for a century, whereas its legal phenomenon research has notattracted enough attentions from literary scholars and legal researchers.In the masterpiece, Cao Xueqin has created numerous lifelike characters, likeservant girls, servants, elderly women servants, butlers, actors and actress, etc. Tofurther reveal the legal status of servants in Qing Dynasty, this study willcomparatively analyze of legal regulations and legal phenomenon in “A Dream ofRed Mansion” based on the legal history of Qing Dynasty.To interpret the legal status in “A Dream of Red Mansion” is equivalent toputting the legal system in Qing Dynasty into the complicated reality in “A Dream ofRed Mansion”, which will understand the actual operation of legal system of thetime in the realistic society. There are four chapters in this study: Chapter Oneintroduces the background of “A Dream of Red Mansion” and legal system ofservants in Qing Dynasty; Chapter Two analyzes the legitimacy of the source ofservants in Qing Dynasty according to the novel texts; Chapter Three interprets theeffectiveness of servants status in law from the perspective of criminal law, civil lawand procedural law; Chapter Four explores inequality of legal status betweenservants and masters in Qing Dynasty according to the novel texts.Studying legal issues from the perspectives of law and literature is the place ofnovelty and innovation of this paper. Legal culture will be more real, fresh andpersuasive by combining law into literature and observing literature and history fromthe view of law. This study strives to investigate every detail of the servant legalissues in “A Dream of Red Mansion”, the specific provisions of legal system in QingDynasty and specific juridical practice. This study confirms or corrects general regulations of law in practical implementation in society, and supplements or amendssome general understandings of law.