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Ji Tongjun’s Lecture Notes On Autumn Trial Clauses:"no One Dies In The Case And Can Be Forgiven"

Posted on:2022-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:F DengFull Text:PDF
GTID:2506306761965869Subject:Law Principle, Law History
Abstract/Summary:PDF Full Text Request
Ji Tongjun was an important official of the Ministry of punishment at the end of the Qing Dynasty.He had read the codes of various dynasties,was familiar with the current laws,and had rich experience in handling cases especially autumn trial cases.He also had read a lot of foreign legal books.He is also the chief editor of the department and the Law School of the Ministry of law.He is an excellent legal educator.The lecture notes on autumn trial clauses compiled by him is the last autumn trial clause document in the late Qing Dynasty.It not only integrates Ji Tongjun’s personal experience in the study of legal codes and the handling of autumn trial cases over the years,but also integrates the previous autumn trial documents.The handout of autumn trial clauses contains a lot of traditional thoughts on the rule of law,especially the maintenance of human life.“no one dies in the case and can be forgiven” is an important legal principle involved in Ji Tongjun’s 11 clauses on Ji Tongjun’s lecture notes on autumn trial clauses.The meaning can be interpreted as that if no one has died in the case,the death penalty is generally not imposed in the autumn trial,but survival.But in fact,the application of this principle and the laws and regulations of the Qing Dynasty have a deeper relationship with the autumn trial link.These 11 terms can be divided into four categories.The first category is accomplices in gang rape cases.The second category is in the thief and robber,such as robber rape,the amount of theft is particularly huge and human trafficking.The third category is the criminal resisting arrest,the thief resisting arrest at the scene,the thief resisting arrest after leaving the scene,the two thieves resisting arrest at the same time,the thief resisting arrest from the scene and the sinner resisting arrest.The fourth category is false accusation treason in swearing.Among them,the two thieves resisting arrest at the same time,and the thief is subordinate to the article.Although there is a death in these two clauses,two lives should not be paied for one life,so the accomplice can survive.The conviction of crimes in cases in laws and regulations is often rigid and excessive.There are only unified and fixed sentencing standards in laws and regulations.Once such standards are fulfilled,the same punishment will be obtained.However,in fact,such cases are often of different severity,and can no longer be further adjusted in the finalization process.Ji Tongjun deeply knows the operation mechanism of laws and regulations.Driven by the thought of cautious punishment,he opposes unnecessary severe punishment.However,He can’t change the provisions of laws and regulations.He can only try his best to solve many problems left in the previous links in the autumn trial.For those criminals sentenced to beheading or strangulation,adjustments will be made after entering the autumn trial ring Festival."The case has no life,and the criminal can be forgiven" is the last consideration of the criminals sentenced to be beheaded and hanged in prison in the previous finalization link in the autumn trial link.It is a remedy for the finalization problem and a reasonable adjustment to the rigidity of local case handling and the application of laws and regulations.It is the last barrier between criminals and death,so it needs to be extremely careful.
Keywords/Search Tags:Ji Tongjun, autumn trial clauses, laws and regulations of the Qing Dynasty, the current criminal law of the Qing Dynasty, lecture notes on autumn trial clauses
PDF Full Text Request
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