A Study Of The Sentence For Female Crime In The Qing Dynasty

Bo An Hui Bian and Xing Bu Bi Zhao Jia Jian Cheng An are two representative collections of Qing Dynasty cases in China.Bo An Hui Bian includes more than three hundred cases in Qianjia period of Qing Dynasty.Both are arranged according to the order of Qing law,corresponding to the order of Qing law.In compiling it,Bo An Hui Bian can see at a glance the facts of the case,the process of refusal to change,and the results of sentencing;Xing Bu Bi Zhao Jia Jian Cheng An originated from the completion of the Ministry of Criminal Cases,and compared with the differences and additions of the addition and subtraction cases.In each case,the comparative laws and sentencing judgments were added.The research on sentencing of female crimes in the Qing Dynasty is instructive.Da Qing Lv Li establishes special laws and regulations for women’s crimes,such as wives and concubines,killing adulterers,and women’s crimes.In legislation,most of its special laws and regulations focus on the crimes of rape and killing.But there is also the possibility that women will commit crimes against the general law that does not explicitly specify gender.Through the summary of all female crime cases,the real situation of female crimes in the Qing Dynasty was investigated from a micro perspective.It was learned that in the actual operation of the Qing Dynasty,women’s crimes could be decided directly in accordance with the law when the case was in accordance with the statutes.In addition,there were many cases where the statutes did not completely correspond to or were not prescribed.In the Qing Dynasty with limited discretion,how can punishment be punished for crimes and equal sentiment and law,but also play a role of soothing or warning to other women in the society,becoming a ruler and all levels A big problem for judges.The basis for sentencing of women’s crimes in the Bo An Hui Bian and Xing Bu Bi Zhao Jia Jian Cheng An should be analyzed from two aspects.The first is the invocation of various types of laws,which are divided into women-specific laws,gender regulations,and general laws based on whether the laws have a gender division.The Qing Dynasty legal system can be divided into laws and regulations.Secondly,the method of citation.In the case where the case is basically consistent with the statutory requirements,the law is directly invoked.If there are other sentencing circumstances,the penalty can be increased or reduced in the original law.When there is no law that meets the merits,other laws are cited as the basis for sentencing.The judicial department of Qing Dynasty had the following characteristics when sentencing female crimes: First,the degree of "chasteness" and "section" shown by women in crimes will affect the final sentencing.In the Qing Dynasty,commendation on festival women and virgins was strengthened in order to encourage and advocate women to abide by women’s ethics,and from time to time,women who are martyrs can be honored.If there is a manifestation of chastity in the crime,the penalty will be reduced accordingly.The second is that women’s physical,mental,and living conditions can affect sentencing.If a pregnant woman commits a crime,she can be executed one hundred days after giving birth.Female offenders left with unattended children in homes to avoid divorce.The third is that women can be sentenced to a reduced sentence if they are coerced by their respected husbands and their husbands.Crimes of intimidation and resistance can reduce sentences or even exempt;Finally,the consequences of crime and its degree of deterioration to society are factors that affect the sentencing of female crime.The idea pursued in legislation must be manifested in justice,The concepts reflected by the judicial officers of the Qing Dynasty in the sentencing of women’s crimes can be summarized as follows: First,maintaining the ethical framework and upholding social ethics.Women’s ancestors belong to family and marriage,and feudal etiquette and rank of inferiority have a very high judicial status.Women’s chastity represents the face of the family and also affects other women in society.While praising chastity martyrs,severe punishment will be imposed on female offenders with a higher degree of prostitution;second,emphasizing education.When legislators legislate,women’s crimes are tolerated to a certain degree.Except for trespassing and immorality,they are generally exempted from exaggeration and tattooing.In practice,most female offenders are redeemable,and there are very few cases where they are not allowed to redeem.In addition,women who have repented in the crime can reduce their punishment as appropriate,and female offenders who have been released after the expiration of their imprisonment can be redeemed according to law if they repent;Cases show that when a woman commits a crime of death,whether from "life to death" or "from death to life",she has been dismissed several times,achieving equal justice and punishment."Sentences" and "careful punishment" at the same time avoid excessively indulgent women and abuse of punishment.For the research on the sentencing of female crimes in the Qing Dynasty,we can see that the Qing Dynasty’s judicial pursuit of the value of love and crime,the appropriate proportion of crimes and penalties,and the maintenance of long-term peace and order in the society are of value orientation.