On The Nerligenl Crime Of Ming Dynasty

Negligence crime is a form of crime with a long history.There are records about negligent crime in the historical documents of the pre-Qin era in our country.This paper is focus on the negligent crime of Ming Dynasty.This paper intends to study the text of The Great Ming Code as the main research blueprint,by listing and analyzing the negligence crimes of the Ming Dynasty,summarizing the main characteristics of negligence crimes in the Ming Dynasty,and summarizing the criminal legal thought reflected in the negligence crimes in the Ming Dynasty.And put forward the constructive significance of the Ming Dynasty’s criminal legal system to the construction of today’s rule of law.In the research,this paper intends to adopt two research methods.One is the historical analysis method: through the text of The Great Ming Code and other literature materials,one is placed in the specific historical context of the negligent crime in the Ming Dynasty,and combined with the social and cultural background at that time,the overall grasp.The second is the comparative analysis method: especially through Xue Yunsheng’s The Research on the Relationship between the Codes of Tang and Ming Dynasty,by comparing the Tang Ming-Law’s provisions on negligent crimes,regulating the difference of criminal objects and determining the severity of punishment,analyzing and grasping the changes in the legislative thinking of legislators.This paper is divided into 5 chapters.The first chapter of the thesis systematically reviews the development of negligent crime before Ming Dynasty.One is the origin of negligent crime.The second is to introduce the formation and development of negligent crime.Especially the negligent crimes before the Tang Dynasty.The third is to introduce the performance of negligent crime in the Tang Dynasty.The second chapter is an overview of the negligent crime in the Ming Dynasty,the first is to introduce the legislation of the Ming Dynasty,and the second is the legal terminology of the negligent crime in the Ming Dynasty.The third is to exhaustively enumerate the negligent crimes in the The Great Ming Code.The third chapter is to analyze the negligence crime provisions,evolution,criminal names and advantages and disadvantages of the The Great Ming Code according to the chapters.Chapter Four: The Sentencing Principles of Negligence Crimes in Ming Dynasty.First,for negligent crimes involving major incidents of military aircraft,as long as it is a faulty military aircraft,regardless of intentional negligence,the punishment shall be the same.Second,for negligent killing,it is necessary to determine whether a crime is constituted according to the identity of the perpetrator;if a crime is constituted,a clause for payment of compensation is also set.The third is the general duty crimes of officials,which can be pardoned or reduced in punishment.Fourth,all crimes involving the safety of the royal family shall be severely punished.Fifth,for ordinary negligent crimes,as long as no harmful consequences are caused,they are not punished as crimes.Finally,the conclusion is divided into two parts.1.Summarize the legislative characteristics of negligent crime in Ming Dynasty : First,negligence crime in Ming Dynasty reflects a progressive criminal intention map system,but it has not completely turned to responsibilityism.Second,the criminal negligence in the Ming Dynasty reflected the further autocracy and concentration of imperial power,and reflected the distinctive characteristics of emphasizing what was important and despising what was overlooked in legislation.Thirdly,the criminal negligence in the Ming Dynasty embodied the clear orientation of strict management of officials,and put forward higher requirements for officials to perform their duties with due diligence.It is believed that the criminal negligence legislation of the Ming Dynasty has four enlightenments to the construction of the rule of law today: First,the "six killings" crime system including negligent crime in the Ming Dynasty provides a useful reference for distinguishing one crime from another.Second,legislation must pay attention to inheritance and continuity,integrate with the legal culture of the country,and bring forth the new.Third,legislation must reflect a certain epochal nature and answer the questions of the era well.Forth,morality is as important as law.