Abstract
The mourning apparel system became a critical factor of criminal penalty in homicide cases which happened in Qing dynasty.The principle of mourning apparel system was carried out sternly both in legislation and judiciary. After the middle period of Qing dynasty, along with emphasizing status and guiding principle in legislation, the judicial adjudication was getting more strictly in penal liability, while the mens rea and sin were neglected intentionly, which strengthened the tendency of consequentialism and objectivism of Imperial China penal law. However, the endorsement requesting system which was applied to excusable cases, vested some inherent tension force and equitable judicial space of homicide cases in Qing dynasty and relieved severe and inflexible of the penal system which was caused by overvaluing mourning apparel system and status.Above all, endorsement requesting system provided some probability of equitable justice for Chinese traditional judicial culture.
Keywords
homicide case, mourning apparel system, endorsement request (Jiaqian), strict penal liability, equity justice
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