Study Of The Mourning Clause Of Autumnal Trail System In Qing Dynasty

In the Qing Dynasty, centralized feudal monarchy system developed nearly to the peak.To consolidate its power, the Qing Dynasty rulers followed the Ming dynasty’s umpire system. Autumnal Trail System is concentrated reflection of criminal punishment with caution in the Qing Dynasty. Autumnal Trail System in Qing Dynasty is known as the "national ceremony", is one of the most important joint trial system in Qing Dynasty.The first chapter is the formation of the Autumnal Trail System and the Clause of the Autumnal Trail System. Autumnal Trail System in the Qing Dynasty based on the cautious punishment thought and the autocratic imperial power thought, it experienced a long time to develop. Autumnal Trail System includes local and central levels proceedings.The second chapter is the content of Autumnal Trail System in each version is not the same, from the perspective of "reality, postpone, pity",the clause of Autumnal Trail System can be divided into "real slow comparison" and "postpone compare". It has a total of 21 generally can be divided into "the junior bully the senior" "the senior bully the junior" and "adjudging according to the Autumnal Trail System".The third chapter is the application of Mourning System. Applicable authorities mainly included provincial applicable authorities. Central applicable authorities included ministry of penalty, Dan and the emperor. Applicable ways included directly application and indirect application.The characteristics of Mourning System are as follows: Firstly,to regulate the cases about Mourning System,reflected the family ethics; Secondly, the Mourning System provisions will be substantive law and procedural law into an organic whole;Finally, the clause of Mourning System not covered all cases, there are gaps and omissions.The fourth chapter is the assessment of the clause of Mourning System.The clause of Mourning System embodies the junior has other feudal patriarchal clan system and the concept of the supremacy of imperial power.But itself also had too much emphasis on the pecking, roles, and in some cases is unfair, no system and disadvantages such as incomplete.