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Research On Death Penalty Review System In Qing Dynasty

Posted on:2022-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2506306314450534Subject:legal
Abstract/Summary:PDF Full Text Request
As the last feudal dynasty in the history of our country,the Qing Dynasty,the monarchy and centralization reached its peak during this period.The various legal systems of the Qing Dynasty society have a high historical value in the history of Chinese legal system.Our country’s ancient death penalty review system developed to a mature stage in the Qing Dynasty,and a relatively complete system was formed in the legislative and institutional operations.The death penalty review system in the Qing Dynasty inherited the predecessor’s "cautious punishment" thought,which coincides with the contemporary concept of human rights and the concept of limiting the death penalty.The outstanding connotations inherited from the death penalty review system of the Qing Dynasty are still of high value to our current judicial practice.Our country is currently one of the few countries that still retain the death penalty.Based on historical and cultural traditions and practical needs,we cannot completely abolish the death penalty.We need not only the function of death penalty to punish crimes,but also from the perspective of protecting human rights.When applying the death penalty,we insist on killing fewer and cautiously,and applying it prudently is what it means.On this basis,the importance of the death penalty review procedure is self-evident.Nowadays,with the rapid development of the Internet and the media,some unjust,false and wrong cases have received widespread attention and aroused great repercussions.These unjust,false and wrong cases have greatly impacted our current death penalty review system,but we can be sure that the current death penalty review procedure is adapted to my country’s national conditions,and we should have confidence in our system.Our death penalty review procedure is not mechanical.What remains unchanged is continuous self-improvement.This article mainly analyzes the death penalty review system in the Qing Dynasty from four aspects.The first is the historical tracing and formation basis of the death penalty review system in the Qing Dynasty.It sorts out the historical evolution of the death penalty review system before the Qing Dynasty in chronological order and explores the formation of the death penalty review system in the Qing Dynasty Foundation,including political foundation and ideological foundation.The second is to introduce and analyze the specific application of the death penalty review system in the Qing Dynasty,and locate the scope of application of the system and the content and application results of its specific operating procedures.Third,analyze the outstanding characteristics of the death penalty review system in the Qing Dynasty and understand the reasons for the effectiveness of the death penalty review system in the Qing Dynasty.Finally,make a legal evaluation of the death penalty review system in the Qing Dynasty,soberly recognize its inherent enthusiasm and limitations,understand its position in the evolution of the death penalty review system,understand the system in a deeper level,and enhance our contemporary death penalty review Confidence in the system of procedures.As the feudal dynasty closest to our contemporary New China in the Qing Dynasty,the outstanding value of many of our current systems can be traced in its historical development.Our country has a long history,and the inherited historical experience has withstood the polishing of the times and is our precious wealth.Our current death penalty review procedure has critically inherited the experience of the predecessors,absorbing the excellent connotation and discarding the parts that cannot be integrated with the times.As we build a society under the rule of law and a country under the rule of law,we should have confidence in the current death penalty review procedures.
Keywords/Search Tags:Qing Dynasty, Death penalty review system, Cautious punishment
PDF Full Text Request
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