Research On The Death Penalty In Jin Dynasty

The death penalty is the most severe punishment in all punishments.Its majesty is selfevident.Everything that loses life is nothing.Therefore,the study of death penalty-related issues is a key part of the study of law,and we can see the situation of social governance.As a regime established by ethnic minorities,the Jin Dynasty mainly governed tribes based on primitive customary law before the founding of the Jin Dynasty.At the beginning of the founding of the Jin Dynasty,the judicial system was not perfect.With the development of the Han ethnic group in the Central Plains,the law was gradually improved,but there were still primitive customary laws.The reservation is not as detailed as the Tang law,and the law is immature.The death penalty in the Jin Dynasty is a key issue in the law of the Jin Dynasty,and therefore has more research value and research characteristics.Through the cases related to the death penalty in the Jin Dynasty,the criminal charges applicable to the death penalty in the Jin Dynasty were analyzed,and the criminal charges were classified,involving six aspects of politics,economy,military,human rights,feudal ethics,etc.,a total of 77 charges.By sorting out the handling of death penalty cases in the Jin Dynasty,the process of determining the death penalty cases in the Jin Dynasty is sorted out.It is generally presented as Dali Temple trial,punishment by the Ministry of punishment,and impeachment by the Yushitai,but it is not fully consistent,depending on the case.It also analyzes the handling of death penalty cases in the central,local and border areas,expounds the case litigation and prisoner detention management,and independently explains the compensation for unjust cases in death penalty cases.The criminal age limit of the death penalty criminals in the Jin law is the same as that in the Tang law.Except for special circumstances,the date of execution is the same as that of the dynasties since the Han Dynasty.Through the analysis of death penalty cases,it is found that the execution methods of the death penalty in the Jin Dynasty show the characteristics of diversity.The unique execution method of Jurchen reflects the reservation of the original customary law,and analyzes the death penalty and post-death execution,and separately explains the special causes of death in the death penalty cases.Through the combing of death penalty cases,the analysis of death-free cases and the analysis of the reasons behind them are the complementary effects of etiquette and law in jointly governing countries.Through the analysis of the death penalty cases in Jin Dynasty,it is found that the trial and execution of death penalty cases do not necessarily strictly follow the law,and there are differences between the law and the actual execution.The reasons behind are mainly manifested in two aspects : one is the contradiction and balance between the legal system and the ritual system;the two fundamental reasons are the rulers ’ consideration of maintaining imperial autocracy.