On Different Penalty Of Assaults Between Relatives In Middle Qing Dynasty

In the middle Qing Dynasty,traditional etiquettes returned.Under such a system of etiquettes,the inherent benevolence between relatives was different from that of ordinary people,and the responsibility for fighting was also different because of the difference of dignity and inferiority.The Criminal Code of Qing dynasty also made special provisions for fighting between relatives.The punishment for fighting between relatives occupied an important position in the legal system of Qing Dynasty,which was an important way for the empire to maintain the ethics and promote government.It has a great influence on family life and personal behavior.In addition to the introduction and conclusion,the paper is divided into three parts.In the first part,this paper briefly introduces the formation of the Mourning system,which is the basis of the different punishment of relatives beating each other in middle Qing Dynasty,combining the and blood relations and the other relations.In middle Qing Dynasty,the rulers further maintained the family doctrine.On the basis of the Mourning system in the Criminal Code of Qing dynasty,the scope of the Mourning system was expanded,and the applicable space of the different punishment of relatives beating each other was further expanded.In the second part,based on the provisions of the Criminal Code of Qing dynasty,according to the general style of the Criminal Code of Qing dynasty,combined with the judicial practice reflected in the criminal with the cases of middle Qing Dynasty,this paper divides the acts of family members beating into four kinds: the punishment of superior and inferior relatives beating each other,the punishment of husband and wife beating each other,and the punishment of wife and relatives bringing by marrige beating each other.Relatives’ fighting includes killing by beating,killing by accident,killing by mistake,playful killing.In the punishment of relatives beating each other,the difference between the punishment of inferior one and elders in same behavior is as big as that of innocence and leniency,so the difference of punishment is not applicable well.Some inferior children are justifiable for their negligence,and the cases of legitimate resistance to elders have been adjusted unprecedentedly.In the third part,combined with the cases,the author summarizes the characteristics of the punishment of the beating between relatives in middle Qing Dynasty,which are the inheritance of the tradition of maintaining relatives order,the balance of emotion and law,and the germination of "egalitarianism".and in the treatment of some cases In addition,through the judgment of "kindness" between the victim and the criminal in the case to replace the prior Mourning system,thus reflecting the germination of "egalitarianism".In middle Qing Dynasty,the officials attached great importance to the cases of the relatives,and made intensive adjustment,which was rare in the past dynasties.Although the punishment of all kinds of superior and inferior relatives assaults cases related to the Mourning ethics,the punishment of inferior relatives assault on the elders was extremely heavy,and inherited the tradition of maintaining the confucian ethics,but in practice,the treatment of related cases also played a role of equity.So the experience can not be ignored.