The Collation And Research Of Archives About Property Homicide Case In Wuyuan

On the basis of sorting out the files of Wuyuan property homicide cases,this paper attempts to use them as the core historical materials to investigate the basic situation of property disputes in Wuyuan,the causes of property homicide cases,the main body of property homicide cases and the trial of property homicide cases by the government in the Qing Dynasty,so as to deepen the understanding of Huizhou local society in the Qing Dynasty and to benefit the study of the legal history in the Qing Dynasty.In this paper,the criminal section of Wuyuan property homicide files,a total of78 files,involving 62 homicides.The contents of these archives are very rich.They are the first-hand materials for the study of property disputes and property murders in Wuyuan in the Qing Dynasty.They are also helpful for understanding other aspects of local society in Wuyuan in the Qing Dynasty.They have very important historical value for the study of Huizhou regional social history and legal history.In the Qing Dynasty,the property disputes in Wuyuan were mainly about movable property,but less about real property.Among them,the disputes of movable property are mainly about money and debt,and the disputes of agricultural affairs are less;the disputes of real estate are mainly about fields and trees,and the disputes of grave property and water right are less.In general,the property disputes in Wuyuan in Qing Dynasty have the following characteristics: first,in the disputes of money and debt,the value of money and property that caused private disputes is generally very small.Second,most of the forest disputes are related to cross-border.Third,water rights disputes have obvious timeliness.In the Qing Dynasty,most of Wuyuan's property murders were committed by negligence or impulse,and few of them deliberately killed each other.The emergence of Wuyuan property homicide cases in Qing Dynasty has its profound social background: first,the civil disputes in Wuyuan in the traditional period are oftenaccompanied by violence.The second is the lack of mediation mechanism of rural disputes in Wuyuan in the traditional period.In the Qing Dynasty,both parties involved in Wuyuan's property homicide were basically the lower class people,and the supervisors and other upper class people were extremely rare.Among them,the low-level people involved in the case are mostly farmers,and there is no difference between the victims and the victims in terms of occupation as a whole.In terms of age,the injuring person are generally younger than the victims.The property murders of Wuyuan in Qing Dynasty happened in the acquaintance society without exception.In the Qing Dynasty,there was no difference between the trial procedure of property homicide cases and other homicide cases,and the scale of handling and tolerating private cases was exactly the same.It is worth noting that there are a large number of records about criminals' illness in custody in the files of Wuyuan property homicide in the Qing Dynasty.In the Jiaqing,Daoguang and Guangxu dynasties of the Qing Dynasty,this is probably the result of the forgery of county officials.The purpose is to extend the time of the trial as an excuse to avoid being punished.