Sources of Criminal Law in the Qing Dynasty in the Perspective of the Legal Sources Theory
The study of the sources of Qing Dynasty criminal law faces challenges in classifying and understanding various legal sources without the guidance of legal sources theory.This absence hinders the ability to unify the categorization and content of different legal sources,as well as to clarify the interrelationships among them.Through the perspective of legal sources theory,studies of the sources of criminal law in Qing Dynasty should be carried out under the stance of law application,to search for those acts or facts of law creation that can provide normative basis for the trial of the case,and to find out how large the scope of the basis for adjudication is,and what is the level or order of application of the different sources of law.Under the legal sources theory,legal sources can be classified into sources of validity and sources of cognition.Among the sources of criminal law in the Qing Dynasty,the sources of validity were the statutes and sub-statutes,while sources of cognition encompass departmental regulations,judicial precedents,substantive norms in autumn trials,and statutes subject to analogical interpretation.
legal sources theorysources of criminal law in the Qing Dynastysources of validitysources of cognition
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