Study On Penalty Problem During The Period Before Entering The Shanhai Pass Of Qing Dynasty

Qing dynasty(Houjin)regime before entering the Shanhai Pass is the founding period of the Qing dynasty,during this period the Manchu(Nvzhen nationality)experienced the stage of development from the tribe to the country,the issue of penalty problem also changed with the variation of the legal system and social patterns.There was no formal legal system during the regin of Qing Taizu Nuerhaqi,the source of penalty was based on the traditional customary law of the Nvzhen nationality's clan tribe.When the emperor Qing Taizong Huangtaiji acceded to the throne,he abolished Qing Taizu Nuerhaqi's some backward,savage and cruel penalty manners,carried out the principle of ‘reference the Han nationality,apply to the Houjin regime',he changed traditional customary law to the statute law,made the penatly from primitiveness to institutionalization and also made penalty tend to be more systemized and standardized in many aspects.According to the research on the penalty problem before entering the Shanhai Pass,this paper will discuss from the following four parts:In the first part,this paper will focus on the two backgrounds of Qing Taizu and Taizong to give a briefly description social background of penalty before entering the Shanhai Pass.In the second part,this paper discusses the cause and methods of the penalty during the region of the emperor Qing Taizu and Qing Taizong.The third part,discusses and analyzes the characteristics and evolution of the penalties during the emperor Qing Taizu and Qing Taizong period.The fourth part,summarizes the influence of penalty during the emperor Qing Taizu and Qing Taizong before entering the Shanhai Pass.Through this series of elaboration and discussion,this paper can form a holistic understanding of the penalty problem before entering the Shanhai Pass,thus to understand the legal construction under the rulling of the emperor Qing Taizu and Qing Taizong more comprehensively,understand the legal thoughts of the two emperors Qing Taizu and Qing Taizong,there will also be a deeper understanding of the relevant extension of the legal system of the Qing dynasty and even the ancient Chinese society,penalty is also a reflection of the development and changes of the Qing(Houjin)regime.