Abstract
The so-called crime of “slaughtering three or more innocent people in the family that are not condemned to death” originated from Han dynasty and was classified under the category of “Bu dao” (不道) crime. In the Han dynasty, it was already considered a serious crime, but it was not until the Tang dynasty when this crime gained a clear-cut definition. Ever since an extreme death penalty was imposed upon such crime. The practice was carried over throughout the following dynasties, although the definition of the three family members in the household varied in different periods. The aim of this thesis is to explore the capital offense of “slaughtering three or more innocent people in the family that are not condemned to death” in the Qianlong era of the Qing Dynasty. On a basis of case study, I examine the Qing law, and the interactions between “lü” (律) and “li” (例). Because the Qing legal codes kept adding new cases (“li”), the conception of the “Bu dao” crime was not firmly settled. Although the Qing legal code followed the legacy of the Ming law, the practice of adding new cases “li” lead to an increased number of rules. Moreover, new “li” were compiled as the new cases appeared and it led to differences in the verdicts before and after the revisions of legal regulations. However, such development was not the original intention of the government. Although it was not possible to eliminate the individual perspective in the process of carrying out judgment, the most important aim of the government was to balance the justice of law. Despite the Qing legal tradition put a greater emphasis on the “li” than the “lü” (例重於律), based on the case study of the interactions between the “lü” and the “li”, I found there was a striking balance between the two.