本科毕业设计-论清代-存留养亲-制度

Abstract“Support Lineal Elders” system, it is called “Support” for short, it means that no one could take care of the offenders’ parents or grandparents except the perpetrators themselves, who are given death penalty 、 banishment or imprisonment, they would not be execute previously punishment for the moment conditionally. Therefore, if it is not a capital crime which should be avoidable can not be pardoned. If the offenders are sentenced by banishment, they could free form the punishment. It could execute suspended sentence before set term of imprisonment, and restart the implementation of punishment after their parents or grandparents die. The origin of “Support Lineal Elders” system is from Taihe year twelve Northern Wei Emperor Xiaowen, and revoke in late Qing dynasty, it lasted for 1400 years, which is a forward of Confucian legalization. This text is begin with history of the system, base on the dynasty’s description which before Qing to comprehend the system. Focus on the origin and development of “Support Lineal Elders” system in Qing dynasty. Through explore the statutes and regulations, embodied the ancient Confucianism. Go deep into discussing the system that how to apply to and the historical Status of ancient law. While comparing and analyzing the system in various dynasties, to sum up that the prominent changes in Qing dynasty and the reference for the modern legal system.Key words: Qing dynasty; Retained to support the elders; Statutes and Regulations论清代“存留养亲”制度“存留养亲”制度是我国古代法律体系中重要的法律制度。“存留养亲”制度是指古代犯徒、流、死刑的人家中有直系亲属，如（外）祖父母、父母需要照顾并且除了犯罪人以外没有成年子孙，可以上请皇帝，若犯的死罪不是十恶的重罪，则可以从宽处理，免于死刑。若犯...