Qing DynastySingles exampleWhat are the implications?
In the Qing Dynasty, the "Annotations on the Six Idioms" defined "singles" as "bandits of fraud", that is, they represented hooligans and bullies. In response to such behavior, the Qing Dynasty specially formulated the "Singles Rule" and made it an important part of the legal system of the entire dynasty.
This regulation played an important role in the history of the Qing Dynasty and was constantly refined and deepened over time.
Singles"This term was not original to the Qing Dynasty, but actually existed during the Yuan Dynasty. As for why the singles were formed during the Qing Dynasty, the reasons are varied.
To be sure, the original intention of this regulation was good, after all, during the Qing Dynasty, villains were rampant, causing panic and crisis in society. With the continuous improvement of the regulations, there are more and more cases in which the singles rule is applicable.
However, there are two sides to everything, and although the Qing Dynasty's singles rule played a positive role, it also brought some negative effects.
1. The origin of the singles case is varied, aiming to punish the villain During the Qing Dynasty, the origin of the singles case is different, but its original intention is to punish the villain. There is a theory that the singles case originated in the twelfth year of Kangxi, and the advocate was Wu Tan, a famous lawyer in the Qing Dynasty.
Wu Tan's family was a family of eunuchs and was proficient in the law, so they specially collected relevant examples and compiled the "General Examination of the Laws and Regulations of the Qing Dynasty". However, the time of origin identified by Wu Tan does not seem to be a fact.
The ancient books of the Kangxi era clearly record that the singles case originated in the thirteenth year of Shunzhi. Xue Yunsheng, a Qing dynasty lawyer, is one of the representatives of the origin theory, similar to Wu Tan, but Xue Yunsheng lived in the late Qing Dynasty.
From the cases of the 12th year of Kangxi, the 13th year of Shunzhi to the late Qing Dynasty, it can be seen that the cases of singles in the Shunzhi period and after are more similar in terms of cases and punishment methods.
As a result, many people believe that Xue Yunsheng's words are more credible. The content of the minister's letter is recorded in the "Qing Shilu": "The harm of the stick is not allowed to sit on the back and sit for a long time."
During the Shunzhi period, villains were rampant and seriously threatened the rule of the dynasty, and the Qing Dynasty ministers wrote a letter proposing the establishment of a "singles rule" to punish these villains. With the development of society, the singles case gradually became popular, and during the Kangxi Emperor period, the implementation of the singles case was strengthened to effectively suppress the villain phenomenon.
During the Qing Dynasty, the scope of application was narrower than in the early days, mainly for villains who were active in the capital. With the development of society, the content of singles cases is also constantly improving, and more and more legal cases are applicable.
2. Continuous Improvement of the Singles Ordinance Since the establishment of the Singles Ordinance in the thirteenth year of Shunzhi, it has been constantly revised and improved. In the process, its scope of application has also expanded, and many cases have been decided on the basis of the Singles Case.
There are four types of singles, one of which is for acts of defrauding money. In the feudal dynasty, property was a necessity for people's survival, but some people did not want to obtain it through legitimate means, but resorted to fraud, robbery and other means, and even created **people**.
In this case, the verdict will be made in accordance with the singles case.
In the eighteenth year of Shunzhi, Sun Dingchen and the commander teamed up to defraud the silver taels, and were executed by the imperial court according to the singles' rule. The first category of singles usually refers to the use of improper means by villains to obtain property.
Many cases of gathering are also handled in accordance with the singles rule, but not all cases of gathering are like this, and there must be a danger to social order in order to be considered a singles case.
Although the gathering of a crowd is an act of many, there are naturally primary organizers and secondary accomplices. The direct execution of the main perpetrators also serves as a warning to accomplices and other villains.
Whether a man has a wife or is single, as long as the sexual act is not consented to, it is an act of adultery. During the reign of Emperor Qianlong, more than 60 cases of adultery were executed according to the singleton rule.
This method of adjudication not only triggered the social atmosphere of homosexuality in the Qing Dynasty, but also became a means of maintaining the hierarchy of feudal society. In cases such as gambling and **, as long as the emperor's permission is obtained, the restrictions of conventional laws can be broken and executed in accordance with the rules of singles.
This is all to maintain the order and system of feudal society.
Since its formal establishment, the singles rule has been running through the entire history of the Qing Dynasty and has had a far-reaching impact on the Qing Dynasty. With the continuous improvement of the regulations, the singles precedent has been widely used in daily judicial practice.
However, there are not only positives to the singles rule, but also legal loopholes. Nevertheless, its birth still provides a reference for future generations. The third is the punishment function of the singles case, but there are also loopholes.
The emergence of the singles case was an innovation of the Qing Dynasty and had a profound impact on the Qing Dynasty. At that time, because villains were rampant, in order to punish them, the singles case came into being.
Since the punishment of singles is generally more severe, most of them are the death penalty, so it has a good punishment effect on rampant villains.
With the gradual improvement of the legal system, gambling vices and other behaviors that endanger society have been included in the ranks of strict punishment. This change is recorded in the Shouhutang Collection, which states that "the Emperor deeply sees that if the vice of gambling is not severely punished, its trend will not be curbed."
In addition, the application of the singles case to other cases can not only effectively deter the people, but also greatly reduce the cost of handling cases. After all, there are many types of cases in society, and if a legal provision is required for each case, it will take a lot of time and effort.
Although the singles case restricts the behavior of folk villains to a certain extent, it is deficient in judicial fairness, because factors such as the emperor's personal personality and stage will lead to inconsistent verdicts.
In addition, the singles case is mainly aimed at folk villains, while the robbery of women and other behaviors are opened because of their special status, which strengthens the hierarchy and is not conducive to the development of modernization.
The influence of the singles case was far-reaching, not only during the Qing Dynasty, but also had an important impact on later generations. Although it is applicable to a wide range of cases, it leads to a vague conceptual scope that is not conducive to legislative development.
In order to learn a lesson, after the founding of the People's Republic of China, the vague concept of "pocket crimes" was reformed to fill in the loopholes in the law. The punishment of criminals in the singles case is extremely severe, almost always the death penalty, which is still relevant in modern times.
During the Yuan Dynasty,"Singles"The appearance of the term enriches its concept. In the Qing Dynasty, an unprecedented singles case was set up and widely used in judicial cases to strengthen social control and maintain the law and order of the dynasty.
Although this regulation contained many elements of the feudal dynasty, it did not fundamentally solve the social problems of the dynasty and failed to prevent the fall of the Qing dynasty. However, the singles rule still has a profound impact on the time and today, which cannot be ignored and is worth learning from future generations.
References: "Qing Shilu" and "Shouhutang Collection".