An Analysis On The Cases Of Clan Judgment Of Death Penalty In The Qing Dynasty

The ruling of the death penalty by clans in the Qing Dynasty was based on the provisions of the death penalty in the written law of the clan and the provisions of "beating parents and grandparents" in the national law.It was mainly applicable to the natives who were "unfilial","promiscuous","stealing",and "privately digging coal monopoly".The execution methods of the death penalty were "killing","strangling","drowning","sinking","burying alive" and "committing suicide",and the preexecution procedures of "informing","adjudicating" and "suing the temple" were set up,And it has formed a system or habit suitable to the situation of its own ethnic group with regard to the subject and place of execution.The typical cases of clan adjudication in the Qing Dynasty cited in this paper are mainly divided into theft and robbery cases,adultery and incest cases,and cases of inferiority and disobedience to elders.Among them,the death penalty of a thief within a family is usually imposed on him or herself as a hardened person,which is difficult to enlighten,and often requires his or her theft to reach the requirements of "degree" or "quantity";People who commit adultery and incest are often executed for the sake of maintaining their own reputation,and the result of clan punishment in such cases is far greater than that of national laws;Children who are unfilial and disobedient to their parents and other elders are serious crimes against human relations.In such cases,the death penalty of the clan is not based on causing serious consequences such as damage to parents.In the Qing Dynasty,the state intervened in the legislation,investigation,and adjudication of the death penalty cases of clans.In terms of legislation,it is embodied in the provisions of "murder","murder" and "duel" for ordinary homicide,and the special provisions of the national laws of the fifth year of Yongzheng’s reign,"fighting with relatives of the same surname","the sixtieth year of Qianlong’s reign" and "the nineteenth year of Jiaqing’s reign";In the aspect of theinvestigation,it is reflected in the investigation of such cases in the county;The adjudication is reflected in the general and special application of the relevant legal provisions of the national law,the consideration of the special circumstances of the case,relevant precedents and social impact,and the impact of the emperor’s personal decision on the adjudication of the case.It is reasonable for the clans to adjudicate the death penalty.For example,this way of handling the case conforms to the clans’ emphasis on ceremony and the characteristics of their own order to a certain extent,and meets the needs of the rulers to stabilize the political situation in the special historical period.However,the determination of the death penalty by the clan itself has its limitations that cannot be ignored.For example,the professionalism of the determination of the case by the clan itself is far from that of the specially trained judicial officials.It is inevitable that the person who decides the punishment has no motive for retaliation.Moreover,once the death penalty is determined,it is difficult for the parties to appeal,which endangers the deterrence of the national authority and the unity of justice.Therefore,objectively,it has also become a major factor impeding the progress of the social legal system.