On The Cautious Penalty Performance Of The Death Penalty Prison System In Qing Dynasty

In the development history of major legal systems in the world,"SiXingJianHou" in Chinese traditional law system was unique.Seen from the records in the "LiJi·YueLing" on the execution of autumn and winter,then the system of the autumn decision in the Han Dynasty,and later the system of the trial of the Ming and Qing Dynasties and the system of the autumn trial,"SiXingJianHou"evolved from an idea with feudal superstition to a relatively complete and mature judicial system.It could be argued that the development and maturity of the idea and system of "SiXingJianHou"indicated to some extent the evolution and maturity of the Chinese traditional legal system."Prudential punishment" was an important criminal law and judicial thought in the ancient China,and also a unique legal culture.The Qing Dynasty was a master of the ancient feudal system,in which the development of the Prudential punishment system and thought reached its peak.Compared with previous dynasties,the Qing dynasty made a more stringent distinction between the"SiXingLiJue" and "SiXingJianHou" in the legislation,and implemented it in the judicial system.After the Qing Dynasty established its reign,the first law was issued,clearly distinguished the execution with "SiXingLiJue" and "SiXingJianHou"."SiXingJianHou" in the Qing Dynasty meant that the prisoner was sentenced to shackles and hanged,but he/she would be held in prison until the next autumn trial and the next trial.The judicial process of "SiXingJianHou" mainly included the finalization of the crime and the trial in the autumn.The crime of drafting "SiXingJianHou" is the premise of the autumn trial and the trial,which in turn were the necessary stages of the judicial procedure of "SiXingJianHou"."SiXingJianHou" is a relatively concentrated embodiment of the Qing dynasty.The "Prudential punishment" in the "SiXingJianHou" system of the Qing Dynasty is manifested in three aspects:First,the legislation of the Qing Dynasty distinguishes between "SiXingLiJue " and"SiXingJianHou",and tries to reduce the scope of application of the death penalty immediately;Second,in terms of procedures,the corresponding judicial system is constructed to limit the application of the death penalty.In the trial of death penalty cases,a level-by-level review and review system is adopted,including local review,central review,double review,and autumn trial.Multi-level and strict procedures ensure fairness,avoid false and wrong cases,and give people appropriate opportunities to live who have them in the first place;Third,in the autumn trial,the special treatment results for the excuses or special prisoners and special crimes is used instead of the death penalty,reflecting the humanitarianism of the prisoners in the Qing Dynasty,and the prudence of the death penalty cases and prisoners.