Family Law and National Law:An Example of Cane Punishment for Idle Imperial Clan in the Qing Dynasty
In the early Qing Dynasty's national laws,influenced by the legal principle of"no addi-tional punishment imposed on the imperial clan",there were no relevant provisions for imposing strict pen-alties on members of the imperial clan who committed crimes.In some cases,the cane punishments re-ceived by members of the imperial clan were mostly based on the imperial decree of the Qing Dynasty,with a clear"family law"color.Since the middle of the Qianlong reign,the Qing court,in view of the increasing trend of crime and trouble among the idle imperial clan,abandoned the legal principle of"no additional punishment imposed on the imperial clan"and gradually institutionalized the practice of imposing strict penalties on the idle imperial clan.After multiple revisions during the Qianlong,Jialong and Daoist dynas-ties,the Qing court finally completed the transformation of the ban responsibility system for idle imperial clans from"family law"to"national law",thereby improving the imperial punishment system and saving governance costs.The formulation and improvement of relevant regulations have played a certain role in re-straining the criminal behavior of the idle imperial clan,and the punishment received by the idle imperial clan has actually converged with that of the people.On the other hand,it also indicates that at that time,the pressure of social public morality on the privileges of idle imperial identities has become increasingly great-er.
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