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The Regulation Of Blood Relatives’ Revenge In The Qing Dynasty

Posted on:2023-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:L L WangFull Text:PDF
GTID:2555306623472884Subject:Law
Abstract/Summary:PDF Full Text Request
Traditional China is a country that attaches great importance to filial piety,and when one’s blood relatives are hurt by others,most people will choose to take revenge.contradiction.This contradiction was handled differently by rulers in different dynasties,but with the development of social economy,the need for political rule,the increase of population and many other factors,the attitude of rulers in successive dynasties toward the act of revenge of blood relatives turned to pay more attention to the law and prohibited this kind of behavior from the legal point of view.The laws of the Qing Dynasty regulated the act of revenge of blood relatives,and the judicial process made a strict distinction between revenge of blood relatives and real-time rescue of blood relatives,and the results of punishment for revenge seekers were diverse.In this paper,the legal provisions of the Qing Dynasty Laws concerning blood relatives’ revenge are compiled,and the cases of blood relatives’ revenge in the Criminal Cases Collection are analyzed,which can be divided into two categories according to the proximity of the victim’s blood relatives,namely,grandparents and parents killed and other relatives killed.The paper concludes that the determination of‘real time rescue of blood relatives’ and blood relative revenge can be easily confused in the judicial process,in which the time of rescue is the key factor to distinguish from blood relative revenge.In addition,the sentencing of blood relatives’ revenge cases is varied depending on the blood relatives’ relationship,the difference of the avenged person,the time of revenge,and the surrender.The paper uses semantic analysis,comparative research,and case studies to analyze the characteristics of the state legal regulation of blood relative revenge killings in the Qing Dynasty,and concludes that the“dispute between ritual and law”ran through the blood relative revenge system,the state actively punished blood relative revenge,the punishment results for revenge seekers were diverse,and there were many restrictions on the application of blood relative revenge regulations,in order to discover its value for the construction of modern Chinese rule of law society.
Keywords/Search Tags:“Xing’an Hui Lan”, Blood revenge, Determination, Sentencing standards
PDF Full Text Request
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