A Study on the Nature of"Tongxing"in the Ministry of Justice during the Qing Dynasty
There has been a long-time debate in academic circles regarding the nature of the"Tongxing"(通行)issued by the Ministry of Justice during the Qing Dynasty.A large number of existing ancient criminal law documents indicate that"Tongxing"was a form of promulgating ad hoc law issued by the imperial government of Qing to the entire country or a specific province,when the established laws were unspecified or during the periodic legislative procedure.From the early to late Qing Dynasty,the issuance of"Tongxing"by the Ministry of Justice had by no means disappeared.It timely supplemented the deficiencies of the"Great Qing Legal Code"《大清律例》)and provided foundational texts for the subsequent periodic compilation of supplementary regulations attached to the Qing Code.Throughout the Qing Dynasty,in a context where"laws are limited but circumstances are ever changing,"the continuous issuing of"Tongxing"by the Ministry of Justice played a crucial role in ensuring that judicial activities were always conducted in accordance with the law.The Qing Dynasty's experience of promptly issuing"Tongxing"and periodically revising laws to perfecting the criminal code through"Tongxing"has practical significance for contemporary legal construction.
evolution of"Tongxing"ministry of justice's"Tongxing"periodit compilation of lawthe"Great Qing Legal Code"
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