A Study On The Crime Of Theft In The Qing Dynasty Law Cod

With the continuous development of social economy,the circulation of means of production is becoming more and more frequent,and the problem of illegal possession of materials is becoming increasingly prominent.In today’s society,larceny is still the type of crime that accounts for the highest proportion of property crimes and even criminal crimes.Every year,a large number of criminals will enter the criminal proceedings of larceny and be punished by penalties.The outcome involves restrictions on personal property and freedom.It is of great significance to study the governance of larceny in ancient China and learn from the experience and lessons of the ancients to improve the governance level of contemporary larceny.The Qing Dynasty is the last unified feudal dynasty in China.Qing dynasty statutes is the most systematic,representative and long-used written code of the Qing Dynasty.Studying the theft in the Qing dynasty statutes can clearly understand the level of the rule of law policy of the Qing Dynasty’s rulers and legislators in preventing and combating theft.First of all,this paper briefly introduces the history of theft in ancient China and the general situation of theft in the Qing Dynasty.This paper defines the core concept,"theft" in modern sense,that is only refer the"theft" in ancient "theft and robber";In terms of specific research content,this paper is based on larceny as the core and radiates outward.It is not based on larceny as the collection point,including all relevant contents.Secondly,on the basis of research and theoretical analysis at home and abroad,this paper uses the methods of literature analysis,normative analysis and case analysis,and from the perspective of modern criminal law theory,analyzes the crime of theft in the Qing dynasty statutes,including the criminal subject,the subjective aspect of crime,the criminal object,and the objective aspect of crime.The accomplished and attempted state of the crime and the sentencing punishment are also introduced.At the same time,two special cases of theft are introduced:joint theft and relatives steal from each other.It shows readers the appearance of theft in the Qing Dynasty in the sense of modern criminal law.Finally,based on the above specific analysis,the generation of the crime of theft,the implementation of the crime,the characteristics of the behavior,and the prevention and punishment of the crime of theft in the "Qing Dynasty statutes" are connected in series,and the enlightenment of the relevant provisions of the "Qing Dynasty statutes" on the governance of the crime of theft is summarized in combination with the characteristics of the times and society.