China is now in urgent need of the construction of a'Chinese style'misdemeanor governance system,while the relevant rules and practices of the Qing dynasty can provide abundant resources and experiences for reference.In the Qing dynasty,the crimes for which the punishment of flogging and caning apply are the'misdemeanors'.The criminal cases sentenced to imprisonment or above must go through the level-by-level examination and review and strictly follow the requirement of'conviction of crimes by quoting legal provisions'.By contrast,the misdemeanor cases are concluded at the state and county level with the simple procedure,as these cases do not need to be strictly penalized by the Qing Code and have an unimpeded'impunity'mechanism.Flogging and caning are penalties specifically designed for minor offenses.The former is a'slight punishment that evokes a sense of shame'and the latter is slightly heavier in order to'bring pain and fear',including both the educational and corrective functions as well as the deterrent and retributive function of the penalty.The penalty of redemption is the alternative penalty of the'five penalties',of which the'shou shu'has the lowest ransom.It is mainly applied to vulnerable groups such as the old,the children,the invalid,and women,as well as to minor offenses of a lesser degree of viciousness.As a punishment,the'ci zi'(tattoo on the body)can function as'criminal records'and bring some'collateral consequences'.Therefore,'mian ci'(exempt from being tattooed)and'qi chu ci zi'(removal of tattooed words)are set up as the system of'elimination of criminal records'.
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NSTL
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