Research On The Qing Dynasty Tolerance And Concealment System

The concealment system refers to a legal system in which relatives can conceal crimes from each other within a certain range without criminal responsibility.This is a system that has lasted for more than 2,000 years in Chinese history,and has undergone continuous development and changes from its birth to the Qing Dynasty to become a perfect legal system to maintain family ties and maintain state power.By finding the surviving cases of the Rongyin system in the Qing Dynasty,the practical application of the Rongyin system in the specific social practice of the Qing Dynasty is investigated,and its characteristics in practice are further analyzed.The Rongyin system in the Qing Dynasty inherited the Rongyin system since the Han and Tang Dynasties,and developed and changed on this basis.Find the laws about the tolerance and concealment system of the Qing Dynasty from the three codes of the "Great Qing Law Collection Supplementary Regulations","The Great Qing Law Regulations" and "The Great Fresh Criminal Law",as the three codes of different periods of the Qing Dynasty,these laws are more representative.In terms of ideological foundation,it is the continuous deepening of pre-Qin Confucian thought;In terms of system,the subject of concealment and the scope of application have been expanded.As the collection of criminal cases with the largest collection of cases in the Qing Dynasty,"Criminal Case Summary" records the use of Rong Yin in judicial practice.Combined with the judicial practice of the Qing Dynasty,typical cases involving the tolerance and concealment system can be divided into two categories: general application and the wrong cognition of the parties in the commission of relatives.Generally,the case in which the concealment system applies is when the offender commits a crime with a person outside the family,and the family members of the offender are exempt from punishment in accordance with the law.Relatives offending refers to criminal acts between relatives,which is the biggest difference from the general application of the concealment system cases,both the perpetrator and the victim are their own relatives,whether they can be concealed,these cases have a commonality,that is,the relatives of the perpetrator all think that they can be accommodated,but in the judicial practice of the judgment is almost all sentenced to intolerability,this is the wrong perception of the tolerance system by relatives in the case of relatives committing crimes,the wrong cognition of the tolerance system in the relatives offenders mainly has three categories: to commit deprecation,relatives to commit adultery,Kill relatives.After years of changes and implementation in practice,the Qing Dynasty played the following functions: applicable to a wide range of ethnic groups,attaching importance to the ethics of the code,and restricting the application of tolerance.In the operation of the Qing Dynasty,the Rongyin system contained the values of clan harmony,private rights against public power,safeguarding Qing rule,and realizing fairness and justice.The function and value of the concealment system in the Qing Dynasty have reference significance for how to build the concealment system in today’s society in China.