On The Autumn Trial System In The Qing Dynasty From The Perspective Of "The Law Of Reason"

Autumn trial,as an important judicial activity in the Qing Dynasty,is a system of review of cases of torture and detention in various provinces.From its establishment,it has developed to perfection.Autumn trial gradually developed into a unique system of death penalty review in Chinese history.On the basis of the previous generation,it has been perfected and developed.Autumn trials are divided into local autumn trials and central autumn trials.Local procedures include: state and county book-making and release of prisoners,examination and verification by the state and county departments,supervision and review of records and creation of yellow books.Central procedures include: the Ministry of torture looks at the details,and approves the draft.Nine Qing and other issues,the final decision by the emperor.After the final trial of the prisoners are divided into honest,slow,and can be held in support of sacrifice.The main content of the autumn trial was to centralize and conduct comprehensive review of the cases in various provinces at that time.The main bodies involved in the trial were Jiuqing,Zhan,Kedao,and military aircraft ministers.Cabinet bachelor and other important officials.The autumn trial is usually held on August,in the west of Jinshui Bridge,so it is called "Autumn trial."The so-called "law of reason" refers to the Chinese traditional legal culture,influenced by the Confucian idea of nature and human feelings,and pays attention to the fairness and balance of nature reflected by the Tao of Heaven.The traditional Chinese legislation and judicial activities in which Confucianism is the mainstream ideology,pay attention to the intermingling of human relations and law.The legislative purpose is to make the legal provisions conform to the laws of natural operation.On the other hand,judicial attention is paid to the subjective motive of the actor,to the principle of nature and to the principle of personnel.The ethics of human relations is an important criterion to measure the subjective error of the perpetrator."the ultimate concern for one’s own fate.In the Qing Dynasty,the autumn trial was influenced by the Confucian theory of heaven,reason and human feelings.Whether it came into being,developed,or operated in the autumn trial system,and how the cases were handled by the autumn trial system,it was not only due to the formation and development of the system,but also to the specific operation of the system.The result of treatment embodies the combination of "the law of reason",thecombination of the natural reason,the human feeling and the national law,which can be said to be the death penalty review system formed in the Qing Dynasty,such as the "autumn trial",which was formed in the Qing Dynasty.It is the important embodiment of Confucian ethics law thought to the Qing Dynasty legal system and its operation.In this paper,the author focuses on "viewing the Autumn trial system in the Qing Dynasty from the Perspective of the Law of reason".The main point of this paper is to apply the principle of the blending of the rational and rational laws in the operation of the ancient Chinese laws,and to analyze that the autumn adjudication system,as a Confucianist legal system,came into being and developed.The full text is composed of introduction,text and conclusion structure.The text is the main part of the article.The text consists of three major points: the first is the outline of the historical development of the emergence and development of the autumn trial system in the Qing Dynasty.From the historical process of the autumn trial system and the ideological origin behind it,the author explores the nature and human principles embodied in the fusion of "the law of reason".The influence of the legal concept on the emergence and development of the autumn trial system.Secondly,the analysis is made on the combination of the natural principles,human feelings and national laws embodied in the procedure of the autumn trial in the Qing Dynasty.The article analyzes the two levels of the local procedure of the autumn trial and the central procedure of the autumn trial.This paper analyzes the characteristics of the combination of the rational law and the rational law embodied in the system design and operation of the autumn trial procedure.Third,it evaluates the characteristics of the "rational law" in the autumn trial system of the Qing Dynasty.Through some concrete cases of autumn trial,the author probes into the influence of reason on the operation of laws and regulations.From the positive and negative aspects,the author comments on the system of "autumn trial" and its reasonableness in its operation,and its positive and negative influence on the operation and application of law.The problems that the author tries to explain are as follows: reason is the guiding principle of autumn trial;the conviction of original feelings is the basic characteristic of autumn trial;As a representative of the combination of theory and law in Qing Dynasty,the system of autumn trial,whether from its forming process,ideological basis,basic procedure and actual operation of the system of autumn trial,all reflect the profound influence of Confucian ethics and law on the operation of legal system in Qing Dynasty.