Research On The Cases Of The Fighting To Kill And The Intentional Homicide In The Grassroots Society Of Qing Jiaqing Dynasty

The "Six traditional Chinese homicides" refers to the classification of different forms of murder in ancient Chinese law,which are murder,intentional homicide,fighting to kill,manslaughter,negligent homicide and theatrical homiside.This system was shaped by the Tang Law,and the Qing Law further improved the rationality and logic of this system.In the Jiaqing period,in the society,when faces the definition and punishment of murder casas,dealing with economic disputes and other civil acts,regulating administrative organs’ acts,the revision and application of laws had reached a relatively and stable level in the legal system of the Qing Dynasty.In the law system of the Jiaqing period,this paper selected the fighting to kill and the intentional homicide in the " Six traditional Chinese homicides " system,which are two homicidal behaviors with high frequency in the grass-roots social human life cases at that time and had certain similar characteristics,and studied its meaning,characteristics,subject,judicial procedures of trial cases,etc.In order to understand clearly when the Jiaqing period faced the grassroots social fighting to kill and the intentional homicide ’s trial methods and other corresponding judicial procedures.This paper has discussed the general situation,type,subject of crime,punishment rules and other aspects of the grassroots social fighting to kill and the intentional homicide in the Jiaqing Dynasty,explained the meaning of the fighting to kill and the intentional homicide and the occurrence of two types of cases in the Jiaqing Dynasty,at the same time to analyze the types of cases and the subject of crime,and discuss the relevant punishment of these murder cases.In addition,in the face of the judicial institutions and responsible officials involved in the process of trial and transfer of the case,this paper also has a certain discussion,and elaborated the method of dealing with the illegal behavior of the officials involved.In the end,the paper analyzed the cases of affray and murder in the grassroots society,and analyzes its role and limitations.