| The concept of "saving lives and not saving deaths" was a convention in the Qing dynasty when judicial officials tried fatal cases.This concept was not unique to the Qing Dynasty,but it was quite popular in the Qing Dynasty.The basic meaning of "save life,not death" was described by Ji Xiaolan in "Notes from the Weed Cottage" :the deceased is dead,there is no saving,the living is still alive,and kill to offset the life,is more than one person also died,so rather commission to out of it,and the deceased with injustice or not,is not counted.This paper takes the concept of "saving lives and not saving deaths" in the criminal trials of the Qing Dynasty as its theme,and compares the causes of this concept,its specific application in practice,the evaluation of this concept by various social parties,and the social impact it caused at that time.Through the analysis,the paper summarizes the attitudes and characteristics of the application of the death penalty in the criminal trials of the Qing Dynasty from the local to the central government,as well as the influence of the concept of "saving lives but not saving deaths" on the criminal trials at that time.The paper is divided into four parts.In the first part,first,a conclusion can be drawn from the concept of "life saving but not death saving",that is,the idea of "life saving",which was one of the most important reasons for the creation of the concept of "life saving but not death saving".This idea is one of the most important reasons for the concept of "life saving,not death saving".The idea of "life-saving" comes from the traditional Chinese concept of blessing.In other words,the concept of blessing is one of the fundamental reasons for the concept of "saving lives rather than saving deaths".Secondly,the background of this paper is the Qing Dynasty,and the analysis of the judicial system of the Qing Dynasty can lead to another reason for the idea of "saving lives rather than saving deaths",which is the "accountability system of judges in the Qing Dynasty".Finally,by discussing these two reasons in detail,we can see their influence on the concept of "save life,not death".In the second part,the study of "save life,not death" must be placed in the specific context of Qing dynasty criminal trials.The scenario in which "save life,not death" was applied was generally in capital cases.The Qing law stipulates that death penalty cases must be transferred to the governor by the state and county officials according to the law "to be judged",the governor and then sent to the Ministry ofJustice,the Ministry of Justice to consider the error and then forwarded to the emperor for decision.In this process,a case has to go through the state and county officials "proposed judgment",the governor of the "proposed",the Ministry of Justice "review",and finally the emperor to make a decision.This chapter looks at the application of the "life-saving not life-saving" rule by local and central officials in specific cases.In the third part,according to Ji Xiaolan’s "Notes from the Cottage of Reading Weeds",the phenomenon of "saving lives but not deaths" was very popular at that time and had a great impact on the criminal trials of the Qing Dynasty,and also caused reactions from all levels of society.This chapter analyzes the deeper reasons for and against this concept through the evaluation of various social strata and rulers on "saving lives but not deaths".In the fourth part,the phenomenon of "saving life but not death" is both normal and abnormal.It is normal because "existence is reasonable",and abnormal because it is not in line with the inherent principles of "death of the murderer","fairness and justice",and "judging by law".The traditional concept of "judging cases according to the law" is obviously contrary to it.Therefore,in this chapter,the contradiction between the two is sorted out from these three aspects,and the value of "saving lives and not saving deaths" is analyzed in the context of the times. |
PDF Full Text Request