清代误杀罪刑关系考辨

Abstract

The legal text of the mistaken killing in Qing Dynasty was inherited from the previous dynasties with slight additions. The legal norms for handling such cases appear as a simplification of the crime and a complication of the punishment. Judging from the legal provisions such as the terms of “killing at play, mistaken killing and accidental-negligent killing”, as well as the terms of sentencing the prisoners and the clauses of “autumn trial”, it can be seen that the relationship between mistaken killing and its penalties reflect two tendencies in legal practice. On the one hand, the nominal concept of mistaken killing is simplified through the conceptualization of subjective states and the generalization of value principles. On the other hand, the actual application of mistaken killing responds to the nuances of criminal contexts through the formalization of sentencing rules. The functional significance of this duality lies in its ability to distinguish closely related offenses, clarify the substantive values of the legal system, and allocate resources and authority for case processing, thereby striving for an orderly trial process and proportionate verdicts. This reflects the unique institutional mechanism of the Qing Dynasty, which integrated criminal adjudication and administrative matters to achieve a match between crime and punishment.