A Case Study Of Conflict And Its Sentencing

“The campilation of Boan” is a relatively rich case of Chinese legal history of the case,compiled in the Qing Dynasty.The book of the case is basically through the Ministry of Punishments “on the encyclical refusal to change”,whether in conviction or sentencing has a guiding significance.This paper first analyzes the specific provisions of the falsification of the Qing Dynasty,combined with the judicial practice of the case of false accusations,summarizes the situation of the Qing Dynasty in order to realize the situation.The purpose of the sentencing,including the falsification of sentencing sentencing and the basis of sentencing,the purpose of sentencing,and to consider whether ancient China is broken according to law or sin crime,so as to draw the relevant conclusions.According to the classification of the case of false accusations in the Qing Dynasty,“Daqing statute”is roughly on the person who has been framed or has not been resolved;false accusations or a number of crimes;false accusations or false accusations;The identity of the person and its identity was framed;falsely accused of the relationship with the accused;falsely accused of falsification as a result of direct death or indirect death and so on.In the case of false accusations,the case of false accusations is roughly based on the object of false accusation;according to whether or not someone has been instigated;in accordance with the subjective aspect of false accusations;in accordance with the results of false accusations.“Qingqing law” false accusations have the following characteristics: regardless of whether the false accusations subjective whether there is no fault,as long as the false behavior with false accusations constitute false accusations;false accusations of the crime is basically false accusations and other penalties,while the Qing Dynasty law But also provides for the false accusations of economic punishment;false accusations and falsification of the difference between the use of punishment,false accusations can not be exempted from the penalty,and falsely accused of two things above,if the matter is true,light things for the virtual,can be exempt from false accusations.The case of false accusation is a type of case where there is a discord in the process of judicial administration in the Qing Dynasty.Therefore,according to whether there are some people abetting,falsification subjective aspects,false accusations caused by the results of the common false accusations of the status of criminals and other sentencing circumstances analysis of the Qing sentencing how to achieve affirmation of the association;In addition,the application of legal disputes include both the meaning of the law,But also contains the sentencing according to the law of non-legal disputes,through the application of legal disputes in the case of false accusations can be based on the law or the crime of criminal justice to judge and respond to the ancient judiciary.It is possible to summarize the purpose of the Qing dynasty 's sentencing in the pursuit of sentencing legalization and rationalization,so as to achieve the unity of judgment and reason,to realize the situation and ensure the stable social order.The The specific analysis of the sentencing of the accusation case is also very instructive for the development of the current criminal law in our country.We can analyze the case of Qing Dynasty false accusations,learn from the merits of it,but also to avoid the limitations of ancient law and its trial procedures,and ultimately better improve China's current legal system.