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Volume 55 Issue 10
October 2023
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Citation: XIE Jing. A Comparative Research of Property Crime System in The Qing Code[J]. Academic Monthly, 2023, 55(10): 99-108. shu

A Comparative Research of Property Crime System in The Qing Code

  • In the perspective of comparative law,there are many charges related to property crime in both ancient and modern China and the West.This was also true in traditional China,where the traditional legal code,represented by The Qing Code,did not contain the concept of property crime in the modern sense,nor did it contain specific chapters.However,through the Yi and Zhun statutes,as well as the Six Booty Crimes Map,it forms a vertical and horizontal line,linking up the de facto property crime system.And through such legislative techniques a balance and harmonization of the penalties and values of the various crimes is achieved.Under the influence of the modern concept of legal interest in criminal law,the various property crimes in Western history have been simplified into a parallel category offence against a single interest,resulting in the phenomenon of blurring the boundaries of various crimes and de-systematization of property crimes,which has affected Chinas current Criminal Law.However,the latest judicial interpretation of the Criminal Law attempts to distinguish between the various crimes,but the distinction is made without sufficient consideration of the balance and coordination between the various crimes,and confusion arises at both the logic of the rules and the level of value orientation.
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        A Comparative Research of Property Crime System in The Qing Code

        Abstract: In the perspective of comparative law,there are many charges related to property crime in both ancient and modern China and the West.This was also true in traditional China,where the traditional legal code,represented by The Qing Code,did not contain the concept of property crime in the modern sense,nor did it contain specific chapters.However,through the Yi and Zhun statutes,as well as the Six Booty Crimes Map,it forms a vertical and horizontal line,linking up the de facto property crime system.And through such legislative techniques a balance and harmonization of the penalties and values of the various crimes is achieved.Under the influence of the modern concept of legal interest in criminal law,the various property crimes in Western history have been simplified into a parallel category offence against a single interest,resulting in the phenomenon of blurring the boundaries of various crimes and de-systematization of property crimes,which has affected Chinas current Criminal Law.However,the latest judicial interpretation of the Criminal Law attempts to distinguish between the various crimes,but the distinction is made without sufficient consideration of the balance and coordination between the various crimes,and confusion arises at both the logic of the rules and the level of value orientation.

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