Research On The Mechanism Of Torture And Control In The Qing Dynasty

Interrogation by torture was rooted in the traditional Chinese law,along with the whole process of feudal society in China,torture has a long history for thousands of years,it germinated in pre-Qin period,rapidly grew in Qin and Han dynasties,matured in Tang and Song dynasties,and finally be removed in the end of Qing dynasty.In the long process of evolution,torture was not a barbaric act no longer,it gradually evolved into a more mature system.Since the laws governed torture,it has gradually standardized.In fact,the standardization of torture behavior also means that it is restricted,which is determined by the nature of the law.In order to explore the restrictive behavior of torture,this article intends to select the Qing Dynasty’s legal provisions to demonstrate.This article will be divided into five parts.Part one mainly combs the situation of torture constraints before Qing dynasty,and analyzes the historical origins of torture,in order to make preparation for the later.Part two focuses on the reasons for the strengthening of torture in Qing Dynasty,it includes not only the reason of social thought,but also the reason of the torture system itself;It is not only the correct choice of Qing Dynasty to absorb the lessons of the Ming Dynasty,but also the need for a ruler to stabilize his order.Part three mainly analyzes the specific constraints of torture from the provisions of the Qing Dynasty.The research angle mainly includes torture’s conditions,the object,the implementation of the subject,the time,the tool and the responsibility of the illegal torture.Thus,the Qing dynasty’s provisions form a tight system of constraints.Part four mainly discusses the specific operation situation of the legislation of torture in the judicial practice of Qing Dynasty.Although the Qing Dynasty has made detailed legal norms on the implementation of torture,the effect in the judicial practice is not satisfactory.Judicial practice departures the system design.this part mainly describes the departure’s performance and results.Part five mainly reflects the Qing Dynasty’s torture constraint system,which not only reflects the reasons of judicial practice departures its legislative norms,but also reflects the impact of the current judicial system.we wish to provide a good recipe for the eradication of today’s torture.