A Study of Measures for Zhiyu in Early Qing Dynasty
| Project/Area Number |
24730006
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Fundamental law
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| Research Institution | Teikyo University |
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Principal Investigator |
AKAGI Mieko 帝京大学, 法学部, 講師 (60374881)
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| Project Period (FY) |
2012-04-01 – 2014-03-31
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| Project Status |
Completed (Fiscal Year 2013)
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| Budget Amount *help |
¥1,820,000 (Direct Cost: ¥1,400,000、Indirect Cost: ¥420,000)
Fiscal Year 2013: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2012: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
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| Keywords | 中国法制史 / 清朝初期 / 裁判制度 / 滞獄 |
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| Research Abstract |
In imperial China, the trial procedures will not proceed when lower office-courts do not report that case; because the bureaucratic-governmental organization held the justice system, and because senior level offices held the authority of decision according to the seriousness of cases. Criminals increase in prisons through luck of smooth progress of the procedure. This is called Zhiyu. And, it had been regarded as the problem to be solved from ancient times in China.
In this study, I analyzed the historical documents related with the trial procedures and the legislation in early Qing dynasty, and clarified their measures for Zhiyu, for understanding characteristics of their legal system. According to it, Qing dynasty tried to solve Zhiyu problem by enforcing trial reports at lower office-courts, rather than trying to judge many cases at one time in a judiciary inspection, just as the former dynasties did. Instead, Qing dynasty developed systems to carry out trial reports surely.
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Report
(3 results)
Research Products
(2 results)
