| China’s feudal system developed to perfection in the Qing Dynasty.On the basis of inheriting and carrying forward the essence of the previous period,its legal system and legal concept added new elements according to the development of the times and cultural changes.By studying the value pursuit of judicial adjudication in Qing Dynasty,we can get a glimpse of the whole leopard and know the traditional legal concept of China.It can be seen from the collection of judicial precedents in the past dynasties that it is always the pursuit of emperors and judicial officials at all levels that judicial decisions are humane and reasonable,that is,"good law and good punishment".The concept of "good punishment" completely summarizes the content of good law and good punishment,so it is highly respected by all dynasties and generations.Through studying the collection of auspicious punishments,this paper holds that the premise of pursuing good laws and good governance in China’s traditional criminal law concept is also the core of auspicious punishments spirit,that is,good officials should control the application of punishments on the premise of fully understanding the original meaning of the law,mainly focusing on education,and try to find a way out for prisoners;When the penalty is used as a last resort,it is necessary to give consideration to the simple justice and human ethics of the people of Lebanon,and treat the vulnerable groups with tolerance;In judicial adjudication,judicial officials should be impartial,live between the two parties,adhere to the principles and procedures of adjudication,and make impartial judgments on the basis of detailed investigation of the case.In Qing Dynasty,as the communication document of the Third Justice Department and the internal document of the Ministry of Justice,its structure was tight,its content was complete,and its language was concise,which was a model of China’s traditional legal documents.It recorded in detail the reasoning analysis of the case plot and the fine interpretation of the legal meaning by the officials of the Third Justice Department and the Ministry of Justice in the practice of judicial adjudication in Qing Dynasty.Through the detailed argumentation of the above contents,the reasonable and legal judgment opinions were obtained.Its content and words reflected the profound grasp of justice,human feelings and legal justice by the judicial officials in Qing Dynasty,and the detailed examination of the case plot and repeated argumentation and discussion of the applicable penalty highlighted the concept of punishment in the judicial adjudication in Qing Dynasty,whose core concept of punishment was the spirit of auspicious punishment.Therefore,the commentary of the punishment department is not only of great research significance to the research of modern judicial document science and the exploration of judicial adjudication practice in Qing Dynasty,but also of great practical value to modern judicial inheritance and development of Chinese excellent traditional legal culture,and is an important research carrier.By reading the commentary in the case collections of Qing Dynasty,and making statistics and analysis on the typical cases,this paper holds that the spirit of auspicious punishment contained in the commentary of the Criminal Department of Qing Dynasty can be interpreted into three parts: detailed explanation of legal meaning and careful application of punishment;Compassion for morality,benevolence,compassion for the old,the young,the sick,women and other vulnerable groups;Investigate the case in detail,and make a fair judgment,so as to make a fair decision.Based on this,it can be seen that,in the judicial adjudication of the Qing Dynasty,the auspicious punishment was the main spirit of punishment,and the judicial adjudication results made according to the auspicious punishment spirit were widely accepted and recognized by the emperor,judicial officials at all levels and the people of Lebanon,thus easing the severe class contradictions in feudal society,reducing the negative impact caused by the application of punishment,and adding a touch of warmth to the "severe punishment and strict law" of the feudal legal system. |
