The Autumn Trial Regulations Legal Status And Modern Enlightenment

"Autumn trial Ordinance" provisions of the Qing Dynasty on the death penalty review procedures, not only to the feudal rulers of their own interests, but also more about the social order, stability in the country, therefore, whether the conviction or the death penalty review process thousands years rulers are highly valued. "Autumn trial Regulations" is not easy to develop, it is the development of the times, adapt to the social needs arising. "Autumn trial Ordinance" relationship "Qing Law" and embodies the essence of ancient Chinese legal system, reflecting the traditions and ways of thinking of the Chinese nation, although the statutes relationship has quit the stage of history for hundreds of years, but now we have it the potential impact of legislation should not be ignored. So the study "autumn trial Regulations" source of law status, on the one hand by combing the literature and analysis system, further historical truth; on the other hand is a legal form of the Qing Dynasty historical study to exploit their institutional, on the concept of essence. This article is based on numerous historical Qing code, books, files and other judicial basis for the study, contact the historical background and ideological basis, taking historical analysis and Ancient Textual combining expression analysis methods and practice methods of binding law in the Qing Dynasty, Example undertake a comprehensive study.Dissertation research scholars in the Qing Dynasty statutes and their relationships as a starting point, the current academic research on the Qing legal form of a substantially statutes relations, mainly the formation of a "complementary statutes" and "In cases of breaking the law "two views, but the lack of in-depth discussion of specific regulations. From the perspective of the sources of law "autumn trial Ordinance", to analyze the development of their background and see the nature of the development of both the authoritarian rule of the Qing Dynasty and services through the example listed. However, in the "Qing Law" and there is no specific provision on specific death penalty review procedures, review of death penalty cases are directly applicable "autumn trial Regulations", so I put forward in the application of the death penalty review procedures "autumn trial Ordinance" accounting point of view the main status. However, look back at history is more important is to learn from history, learn from its shortcomings. Construction of a modern society more and more attention to legal death penalty review procedure, however blindly by the judicial interpretation of the provisions is not good news, we should be more concerned about improving the quality of legislation.