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Introduction to the Rule of Law in the Qing Dynasty Legislative Thoughts and Achievements of the Qing Dynasty

Since the Guanwai period, the rulers of the Qing Dynasty have attached great importance to learning from the gains and losses of the Ming Dynasty's legal system and the importance of absorbing the Ming Dynasty's legal culture, thus forming the legislative principle of referring to the Han Dynasty, that is, referring to the Ming Dynasty's legal system as the representative The feudal legal system of the Han people was adopted, and the inherent customary laws of the Manchu people were taken into consideration according to the progress of the times. Under the guidance of this idea, many legislative achievements were made and reached a new peak in ancient Chinese legislation. Starting from the Guanwai period of the Qing Dynasty, we learned the gains and losses of the Ming Dynasty's legal system, especially in Huangtaiji. From practice, we realized the importance of absorbing the Ming Dynasty's legal culture, thus forming the legislative principles of the Han Dynasty. The Han Dynasty was to absorb the feudal legal system of the Ming Dynasty; to take care of the Jin Dynasty was to conditionally invoke the customary law of the Jurchen tribe. Under the guidance of this principle, the legal consciousness and principles of the Han nation, represented by Minglu, began to be absorbed into relevant laws and decrees. Since Emperor Shunzhi of the Qing Dynasty established the capital, he has focused on the long-term stability of the Qing Dynasty. It did not simply and rashly negate the system of the previous dynasty like the Yuan Dynasty, but based on the actual needs of governance, insisted on inheriting the beneficial legal content of the Ming Dynasty. At the same time, he vigorously promoted Zhu Cheng's Neo-Confucianism of the Song and Ming Dynasties, inherited the Neo-Confucianism of the Song and Ming Dynasties, and comprehensively strengthened autocratic rule ideologically and culturally. The purpose of proposing laws is not only to prevent people from breaking the law because they are afraid of the law, but also to form a kind of education so that people can consciously uphold the law. Based on this understanding, the rulers of the early Qing Dynasty determined the legislative guiding ideology of translating Ming laws in detail and referring to the state system. The legislation of the early Qing Dynasty absorbed the Han feudal legal consciousness and principles represented by Minglu into relevant laws and decrees. The main legal forms were laws, regulations, and covenants. Important laws compiled in the Qing Dynasty include the Bylaws of the Qing Code Collection, the Code of Laws of the Qing Dynasty, and the Code of Laws of the Qing Dynasty. In addition, the Qing Dynasty also formulated ethnic regulations with unique characteristics. The Daqing Code of Laws, also known as the Shunzhi Code, is the first complete written code of the Qing Dynasty, with 30 volumes and 458 articles. It was originally formulated in May 1646, revised by former officials of the Ming Dynasty, and compiled in March of the following year. The U.S. Criminal Department is led by college student Lin Gang. After adding some minor annotations, the Bylaws of the Qing Code Collection were officially promulgated in March 1647 as the first comprehensive code of the Qing Dynasty. In December of the same year, the full text of the Bylaws of the Qing Dynasty Code Collection was officially released. This law laid the foundation for the subsequent formulation of Qing laws and regulations. The content and style of the bylaws are the same as those of the Qing Dynasty Code of Laws, which include 7 items such as naming rules, official rules, family rules, etiquette rules, military rules, criminal rules and work rules, etc., and 459 legal provisions in 30 chapters. Although Emperor Shunzhi attached great importance to the Ming Law, when he promulgated it, he asked his descendants and subjects to keep it for the use of the world. However, due to the heavy traces of copying the bylaws from the Qing Dynasty, many places were too far away from the Qing Dynasty. Therefore, laws and regulations that had been promulgated for a long time at that time were not observed. Later scholars also believed that this law was a copy of the Ming Dynasty law. However, the formulation of the Ming Law was completed at that time, which provided real legal norms for the chaotic society at that time and played a certain role in stabilizing social order. At the same time, the formulation of the Bylaws of the Qing Dynasty Code Collection also provided an important blueprint for comprehensive legislation during the Kangxi, Yongzheng, and Qianlong periods. The style and articles of the law basically followed the old system of the Ming Dynasty at first, which was equivalent to a copy of the Ming law. In 1670, it was jointly revised by the Ministry of Punishment and the Dali Temple, and old provisions such as the selection of military positions in the official law were deleted. In 1727, Emperor Yongzheng promulgated the second code of law, the Bylaws of the Collection of Codes of the Qing Dynasty, which made some adjustments and modifications to the law of the Code of Laws of the Qing Dynasty, and stipulated that edicts had the highest validity. Also known as the Daqing Code Collection, it is a general na

using the principle of taking the classics as the guide and examples as the application, and writes individual examples. The supplementary regulations of the Qing Code Collection are supplemented by the Qing Huidian or the Qing and Five Dynasties Huidian and the Qing Huidian. Or the Kangxi Huidian specifically describes the history, gains and losses of the Qing Dynasty official system and its iterative evolution in detail; it is an illustration of altars and temples, ritual vessels, musical instruments, ceremonial ceremonies, imperial robes, military equipment, astronomy, geography and torture instruments. The Five Dynasties are connected end to end, with detailed content and rigorous style. It is the most complete administrative code in China and even in the world. This book covers all aspects of politics, economy, culture, society, military, law, ethnicity, religion and other aspects of the Qing Dynasty over three hundred years, providing comprehensive, systematic and detailed information for us to study the political system and stories of the Qing Dynasty. , formerly known as Kangxi Huidian, is the basic code of law passed down from generation to generation in the Qing Dynasty. It was originally created in 1646. Through the efforts of the emperors and officials of Shunzhi, Kangxi, and Yongzheng, by the time Qianlong came to the throne, the Qing Dynasty had entered the heyday of its development. The country's politics in the Qing Dynasty had been stable, and the foundation of the rule of the Manchu nobles had been very solid. The country had recovered and developed for nearly a hundred years until Qianlong. At that time, the U.S. economy had entered a period of rapid development. The upper-class Manchu nobles also had a deeper understanding and recognition of the essence of Han culture. Therefore, the subjective and objective conditions are ripe for formulating a comprehensive code that reflects the social reality of the Qing Dynasty and meets the needs of Manchu and Han society. After the First Emperor Long came to the throne, he ordered the third wife, the co-organizer of the university and the Minister of Rites, to be the president of the court and rebuild the Qing Dynasty ceremony. The revisioners examined the original regulations one by one and re-edited them, especially the provisions attached to the main text of the law. They made detailed revisions, balanced the gains and losses, deleted the general notes after the original laws and regulations, and added small notes and supplementary explanations in the middle of the law. Legal Implications. After the revision was completed, it was officially published after the emperor's appraisal. After this revision, the ruling class of the Qing Dynasty believed that the code was complete and no further revision was needed. It is only stipulated that it should be revised and supplemented every five years, which is sufficient to adapt to changes in the situation. Later, the Qing Dynasty incorporated necessary supplementary content into the regulations every five years.

In this way, until the end of the Qing Dynasty, the Qing Hui Code and Regulations were used until they were replaced by new laws. ***Volume 40, at the beginning there are eight types of charts, including the Six Pills Picture, the Five Punishment Pictures, the Prison Preparation Picture, and the Service Picture. Annotations are attached to the text to facilitate its correct understanding and implementation. The article is divided into seven chapters, each chapter is named after a legal article, so it is called Seven Laws. Chapter 1 is a statutory law, with 46 articles. Not classified below, also referred to as 46 cases. The main content not only determines the important systems and crimes such as five punishments and ten evils, but also stipulates some basic principles for conviction and sentencing. For example, official crimes are divided into public crimes and private crimes. Public crimes are minor and private crimes are serious. Crimes are divided into intentional and negligent crimes, with heavier penalties for intentional crimes and lighter penalties for negligent crimes; the same crime is generally different from the first accessory, and the accomplice has a lighter punishment; several crimes are punished together, and generally only felonies are sentenced, and misdemeanors are not considered; repeat offenders are aggravated, and surrendering is mitigated ; General principles such as exemptions for the elderly, weak, sick and disabled, concealment of cohabitation, and application by analogy. The chapters are arranged according to six titles: official law, family law, etiquette law, military law, criminal law, and construction law, and are divided into the following categories: professional system, formula, housekeeping, land and residence, marriage, warehouse, curriculum, city gate, sacrifice, ritual system, Palace guards, military administration, confinement, stable animal husbandry, post office. This provision is not only based on the examples of Qing Huidian, but also implies ancient meanings. It can be said to be the pinnacle of f

First of all, the codification of the law is prudent and has considerable stability; but cases can It is a more flexible legal form that can be added, deleted or modified at any time. Second, the number of cases is much greater than the number of laws. There were 815 items in Yongzheng period, and the number increased to 1892 items in Tongzhi period. Due to the complexity of the examples, they often conflict with legal texts and there are many contradictions between them. Finally, in judicial practice, the legal effect of cases is greater than the law. Usually, there are cases where the law is not used, and there are new cases where the old is not used; when there is no clear text between the law and the case, analogy is adopted, which is actually a use case. For ethnic minorities such as the Mongols, Tibetans, Hui, and Miao, the Qing Dynasty formed a unique and successful set of ethnic policies and legal systems. Mongolia is the most powerful ethnic minority in the north and northwest, and the rulers of the Qing Dynasty have always regarded alliance with Mongolia as the basis of their rule. As early as the Huangtaiji period, he announced the Qing Hui Dian Tu to Mongolia. In 1643, Emperor Taizong of the Qing Dynasty promulgated the Qing Hui Code. During the long dynasty, it was updated several times and renamed Qing Huidian Cases. It was also known as Mongolian law and Mongolian regulations at that time. This is the basic law of Mongolian and other northern ethnic minorities. It stipulates the Mongolian alliance flag system, as well as the appointment of officials to their titles, positions, border defense, law, and pilgrimage systems. As for Tibet, in the early years of Yongzheng and Qianlong reigns, ministers were stationed in Tibet. In the early years of the Dalai Lama's reign, China established a political system that integrated politics and religion. The Qing Hui Code was promulgated, and the Qing Hui Code was quickly revised. It is stipulated that two ministers should be stationed in Tibet to handle all affairs before and after Tibet, and their positions are parallel to those of the Dalai Lama and Panchen Erdeni; the foreign affairs of the United States in Tibet are responsible for the Tibetan minister; the golden bottle system is to determine the reincarnation of the Dalai Lama and Panchen Lama and established. The minister stationed in Tibet personally presided over the ceremony and submitted it to the emperor for approval. In 1750, due to the exchange of information, Emperor Qianlong only listened to the words of the King of Tibet, and the ministers stationed in Tibet were not sure. As a result, 10,000 troops were stationed in Tibet. How does this help? Therefore, he ordered Ce Leng and Yue Zhongqi to discuss the aftermath in detail to ensure that he could escape once and for all. Ce Leng and Yue Zhongqi proposed the abolition of the county-king system and the implementation of three passes, one monk and four gallongs in the Qing Dynasty. General local affairs should be properly handled through fair consultations between the galleons, and important matters should be handled at the discretion of the Dalai Lama and the Tibetan Minister. The appointment and dismissal of Galon will be decided by the Tibetan Minister in conjunction with the Dalai Lama. It was the first legal document of the Qing Dynasty to rectify Tibetan affairs, and it was very targeted. In 1788, E Hui, the Minister in charge of Tibet, and others formulated the Qing Law according to the imperial edict, divided Tibet, expanded the power of the Minister in Tibet, extended the appointment, removal and assessment of local officials to leaders and officials; the stationing of officers and soldiers stationed in Tibet and party troops and jurisdiction, as well as the garrison and training of soldiers, are all under the control of the minister stationed in Tibet. Local officials are prohibited from arbitrarily imposing taxes to avoid border disputes. If there is a first-class, first-class, official uniform, you have to buy it based on the situation. If they are tired, they should report to the Tibetan minister for investigation. In 792, Emperor Qianlong told Fu Kang'an and others that when withdrawing troops in the future, appropriate regulations should be formulated so that they could always abide by them. It is only appropriate to take this opportunity to eliminate the old habits in Tibet and hand over all powers to the ministers stationed in Tibet. This will do no harm in the long run and ensure peace on the border forever. Fu Kang'an and others followed the instructions and agreed on the Qing regulations, which stipulated that: the minister stationed in Tibet has the power to manage and appoint and remove officials; the highest military command power and the highest judicial power; and arbitrary power in foreign affairs. In view of the various shortcomings of the reincarnation of the original living Buddha, Emperor Qianlong personally decided to use gold mining. In 759, the Xiaohezhuo rebellion was put down, and after the ministries were unified, Xinjiang was brought under the direct control of the Qing Dynasty. However, the ethnicity, religion, history, and culture of the Hui area are very different from those of the Central Plains area, and legislative adjustments can only be made in accordance with the principle of adapting measures to customs. In July of the same year, Counselor Shuhed and others called the Aksu Department a big city with many villages. The old department was managed by Burke Milab. Although today there is no need to promote the mainland official system, hierarchical positions must be determined, and equal rights are enough, but Zhao retains it. Zhu approved the performance. In 1811, when Li was compiling the laws and regulations of the Qing Dynasty, he found that there were a large number of written cases of edicts and courtiers returning to Xinjiang, so he requested to compile the laws and regulations of the Qing Dynasty, which was completed in 1814. It is confirmed that Xinjiang still implements the inherent Burke system, with detailed regulations on the establishment of posts, positions, ranks, succession, appointments and removals, etc. In the early Qing Dynasty, Islamic law was widely implemented in southern Xinjiang.

After the Qing Dynasty unified southern Xinjiang, it adhered to the principle of separation of politics and religion and recognized the application of Islamic law within a certain range. All civil cases and minor criminal cases involving marriage, inheritance, family, debt, etc. Judgment by the imam of the mosque is allowed, but judicial power in criminal cases and the right to maintain public order are not allowed. There was also legislation in Miao territory during the Qing Dynasty. For the Miao, Yao, Yi, Tibetan, Dong and other ethnic minorities in the southwestern region, the Qing Dynasty mainly implemented the policy of converting land into liu, that is, gradually abolishing chieftains and replacing liu officials. Because the Qing Dynasty used to refer to ethnic minority areas centered on Guizhou as scenic spots, more than ten Miao regulations on scenic spots were added in the Qing Dynasty. In the early years of Yongzheng's reign, in order to promote land reform, Qing regulations were issued in the scenic area. During the Qianlong period, special laws such as the Ming Code, the Qing Code, the Qing Code, and the Shengjing Code were promulgated to Emperor Miao. The above-mentioned national legislation specifically embodies the application of the principle of legislation tailored to ethnic conditions. However, on the premise of adapting measures to ethnic conditions, we both recognize the validity of some customary laws and adhere to an analytical attitude. We do not want to take them all away. For example, while recognizing the religious beliefs of the nation, it also controls the abuse of religious rights. Special emphasis is placed on strengthening the centralization and unification of the country. The legislative and judicial powers of major cases are all in the hands of the central government, so that the special interests of each ethnic group are consistent with the overall interests of the country, thereby consolidating and unifying the rule of a multi-ethnic country. Side note: Zhu Cheng Neo-Confucianism, also known as Zhu Cheng Taoism, is one of the main schools of Neo-Confucianism in the Song and Ming dynasties and one of the schools of Neo-Confucianism that had the greatest influence on later generations. It was founded by brothers Cheng Hao and Cheng Yi from Hubei in the Northern Song Dynasty. During this period, it passed through three biographies of disciples, then Luo Congyan, and was completed by Zhu in the Southern Song Dynasty. The full name of Linggang is Guarjialingang, with the courtesy name Gongmao and a native of Zhenghuang Banner in Manchuria. Minister in the early Qing Dynasty. Later settled in the Soviet Union, Jilin Shuangyang first belonged to Zhenglan Banner and belonged to the county king Adali. Shunzhi was the president of Mongolian Laws. After being falsely accused, college student Qi Chongge was beheaded and his family property was confiscated. Officially signed by the clan government, it is an institution in ancient China that manages royal genealogy, titles, rewards and punishments, sacrifices and other affairs. They are responsible for sending and receiving documents, managing the internal affairs of the clan, registering yellow and red books, confining criminals, and educating the children of the clan. Intransitive verb booty. A feudal law that collectively refers to six crimes of illegal possession of public and private property in my country. The name "Liu Pi" began in the Tang Dynasty and was used by later generations. b

He served as governor of Sichuan and quelled the chaos in Tibet. He later served as governor of Sichuan and Shaanxi and governor of Sichuan. He also ordered Ce Leng to formulate the Qing Dynasty's first legal document to regulate Tibetan affairs. Fu Kang'an, whose real name is Yao Lin and whose courtesy name is Jingzhai. People with yellow flags. When Long was in power, he was granted the title of Shangshu of the Household Department and the Shangshu of the Military Department by his bodyguards, and went out from Agui to attack Jinchuan. After being awarded the first rank as a public servant, he was granted the title of Beizi. After his death, he became the king of the county and enjoyed the imperial temple. Changing land to flow refers to changing the chieftain system to the official flow system. Tu is the leader of the original tribe, and the official position is appointed by the central government. Converting fields into streams will help eliminate the backwardness of the chieftain system and at the same time strengthen the central government's American rule over southwest China. The land reform of the Qing Dynasty and the return to the status quo were beneficial to the social and economic development of minority areas, and also had positive significance for the unification of China and the development of the multi-ethnic country and the economy and culture of the United States. Emperor Yongzheng of the Qing Dynasty attached great importance to official management. In order to improve the level of official management, he taught old things to officials and absorbed new ones. Yongzheng admired officials who had strict law enforcement, vigorous and resolute style, strict administration, pioneering spirit and outstanding political achievements. When Emperor Yongzheng was still a prince, he asked Ortai, an official of the Ministry of Internal Affairs, to handle some private matters for him, but he was refused. After seizing the throne, Emperor Yongzheng not only had no division to attack him, but also praised him and said, I am very happy that you acted as an official of Alang, rejected the prince's request, and strictly enforced the law. Later, Ortai became famous. For example, Tian Wenjing and Li _ did a good job in counting money and grain in Henan and Zhejiang provinces, and were hailed as model governors.