2007 Fiscal Year Final Research Report Summary

A Demonstrative Study on the Characteristics of Qing Legal System through Considering the Mitigatory Provisions in Qing Criminal Code

Research Project

Project/Area Number	17530007
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Fundamental law
Research Institution	Kanazawa University
Principal Investigator	NAKAMURA Masato Kanazawa University, Faculty of Law, Professor (60237427)
Project Period (FY)	2005 – 2007
Keywords	Chinese Legal History / Qing Criminal Law / Surrender / Homicide by Mischance
Research Abstract	The purpose of this research is to show the characteristics of Qing (清) legal system through considering the provisions on mitigation of penalties that originated in Confucianism thought, i. e. that of “homicide by mischance (誤殺) "and“surrender (自首) ". The result of the research was that, as for “homicide by mischance", the cases in which the penalties of the offenders were mitigated were gradually restricted after Qian long (乾隆) times, and as for “surrender", especially in case of robbery, it was also restricted as time passed. I have already found the same patterns in liu yang (留養) system, or the system of reprieve / commutation for the sake of making criminals support their aged or handicapped parents. Generally speaking, in Qing Chine the tendency to restrict the application of provisions which were favorable for the offenders was shown after Qian long times. This might be useful for clarifying the characteristics of Ong legal system.

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