The Sentencing Principle Of The Crime Of False Accusation In The Qing Dynasty

False crime in China has a long history, in feudal criminal law, the crime of false accusation regarded as a serious crime. Since the Qin Dynasty, the ancient practice principles for false accusations are false accusations Fanzuo crime, and punish false accusations, the Qing Dynasty is no exception. Qing Dynasty in the implementation of the principle of false accusations Fanzuo time, according to the specific circumstances of the case to the sentencing, it creates a false accusation against the Qing Dynasty Fanzuo sentencing principles discussed.This article first introduces the historical overview of the ancient crime of false accusation, after the "criminal cases exchange access" in the case of 237 false historical data, by studying these cases have in common, according to the four elements of modern crime constituted in each case will be analyzed statistics and its classification. Analysis of various specific types of cases at the time of sentencing factors considered, and will be summarized in four specific sentencing principles derived in this paper to study, that the subjective principle, the principle of identity, the results of principle, the principle of the behavior of these factors. Subjective vicious principles include due to accidental, due to the public's subjective vicious little lighter and minus principle, because relying too, determined, subjective vicious pinch sue Emotion large and heavier principle, because abetting the subjective malignant large and heavier principle, because surrender subjective vicious little lighter and minus principle, because the big culprit rather subjective vicious heavier, accomplice subjective vicious little while lighter five sub-principles. Principles include false identity who was falsely accused of officials who in principle severely Hygienists (health workers and other officials falsely accused an innocent person be punished severely; special circumstances, such as health workers falsely accused officials committing a lighter, non-committing severely case; those who are falsely accused of health workers and other officials heavier), who was falsely accused had committed to a lighter, heavier principles of good citizens, who were falsely accused of humble young lighter, heavier principle elders (who was falsely accused of humble young lighter, as elders are severely punished; for a servant who was falsely accused lighter, master of the house severely; severely been framed by the employer; humble young cause false autopsy was lighter, causing elders autopsy was severely; Wicked false charges, false accusations for elders who should be severely punished), falsely accused person who is a disease from Light, who had been framed as a disease of people severely principle four sub-principles. Principles include direct result of false accusations conduct lethal heavier, lighter indirect principle behavior directly caused false autopsy was heavier, lighter indirect principle, a direct result of false accusations of suicide behavior heavier, lighter indirect principle, other results lead to false accusations of serious acts heavier than the Light lighter principle four sub principles. Behavioral principles include framing system behavior tied torture and false principles lighter lines tied tortured, forced to recognize hoax caused the behavior severely principle two sub principles.By finishing the case and cited a typical case to illustrate various principles of sentencing and to analyze specific rational and irrational at these principles, hoping to clearly show the specific principles Qing false crime sentencing. The false crime sentencing principles Qing rationality and irrationality, and provides reference for our sins modern framed sentencing.