A Study On The Judical Power Of The Duchayuan In Ming Dynasty

Since Qin Dynasty,the first feudal dynasty in ancient China,set up the official in charge of supervision,this position and the Royal platform derived from it have existed for more than ten years since Zhu Yuanzhang,the emperor of the Ming Dynasty,launched a peasant uprising to destroy the Yuan Dynasty and the early Ming Dynasty.Later,because Zhu Yuanzhang,the emperor of the Ming Dynasty,carried out political reform to abandon the Royal platform and set up the imperial court.Since then,the imperial court has replaced the Royal platform as a country The central supervisory organ has stepped onto the stage of history,so in a sense,we can regard the Yushitai as the predecessor of the Duchayuan.In essence,both the imperial platform and the Duchayuan should belong to the state supervisory organ,whose most basic power naturally lies in supervision.However,since the Wei,Jin,southern and Northern Dynasties,the imperial platform began to sprout in the field of trial in addition to supervision,and further expanded during the Sui and Tang Dynasties,which became one of the important historical sources of the Duchayuan as the central supervisory organ of the Ming Dynasty,but also with the judicial power.In essence,as the central supervisory organ of Ming Dynasty,but its status as one of the three legal departments can not be ignored,which results in the situation of interweaving supervision and justice in the national political system structure within a certain range: Duchayuan is not only a supervisory organ but also a judicial organ,so the supervisors are given a certain degree of judicial power.As the judicial organ next to the Ministry of punishment in Ming Dynasty,the court of Duchayuan played a unique role in the whole judicial power of Ming Dynasty.In this paper,the research on the judicial power of the Duchayuan in the Ming Dynasty is mainly carried out from three aspects: the basic content,the characteristics of the exercise of power and the impact on the judicial order of the Ming Dynasty.First of all,we should understand the basic content of a power.The first part of the article is from three aspects: the main body,the source of the case,the procedure and the way of exercising the judicial power of the Duchayuan.It expounds the basic content of the judicial power of the Duchayuan.On this basis,in the second part of the article,the author analyzes the characteristics of the trial power of the court in the exercise process.Through the comparative study with its predecessor,the imperial platform,the penalty Department of the three legal departments and Dali temple,and its own unique features with the ups and downs of the Ming Dynasty for more than 200 years are summarized and refined.Finally,the third part of the article mainly discusses the influence of the judicial power of the Duchayuan on the judicial order of the Ming Dynasty in the process of exercising.It analyzes the influence from four aspects: power check and balance supervision,improving judicial efficiency,maintaining judicial justice and disturbing the trial rules,combining with the background of the times and viewing it from a dialectical perspective.Through comparative study,systematic analysis and case listing,this paper studies the judicial power of the Duchayuan in the Ming Dynasty,introduces its basic contents,summarizes its exercise characteristics,and finally analyzes its impact on the judicial order of the Ming Dynasty in the exercise process.Through the research,the author tries to make the judicial power of the court more clearly present in front of the modern readers,in order to provide some reference for the modern judicial reform.