The Interaction Among The Officers, Civilians And Law In Local Society Of Qing Dyanasty Based On Trumped-up Cases In Pan-du

This dissertation studies the trumped-up cases in Pan-du. On the base of the research method of history , the methods of sociology and psychology are also been used. From the view of the social history, it discovers that there are differences between express and practice in the local judicatory of Qing dynasty . At the same time , the express of Qing society and the people in it are also deviate from that of practice. The main content of the interaction of nation and society is just these factors of social and people, what influent the law each other.This dissertation holds not only the differences between reality and ideal, but also deviates of express and practice. Ideal reflects the imagine to the fine life. The society need a common ideal to get a harmonious appearance. The rulers of the Qing dynasty try their best to build up not only ideal social, but also ideal civilians and ideal place officers. But the actuality in the cases of false charge is far different from the ideal.First, the trumped-up cases overflow everywhere. This fact totally smashes the foam of ideal social. Combined with the human nature of selfish and the stress of life, people attack each other. Although the law of false charge meticulous and rigorous, but the trumped-up cases in the local social more and more popular and complicated. The poor life, together with the economic of family and the tense between civilians and officers are the real problems in Qing dynasty.On the other hand, the civilians and the place officers are contradictory. Because they balanced between the traditional morals ideal preachment and personalism. The civilians usually choose litigation reasonably after balance their own benefits. Especially in the trumped-up cases, everybody has his own calculation. The false accusers use many strategies to get the goal. This is the real images of the civilians which is different from the ideal images. The place officers also hesitate between ideal and reality. Most officers get the position after attend the national exam. They are deeply influented by Confucianism. They want to Contribute the government and benefit the people .At the same time, they want to promote. So they self-protect with political strategy, and balanced between personal benefits and national benefits carefully. Their images are also far discrepancy to that they are requested.When the social foundation and social corpuses appear the margin of expression and practice, the law, as the social rule practiced by social corpus, also appear the deviate from expression and practice. In the trumped-up cases, the officers always check the proof and sentence with law. Law have the authority in the local judicatory. But not the "anti- sit", but the "nature's law" and "human feeling" are carried through in the measurement of penalty. Analyzing the Song-shi in the trumped-up cases , this chapter release the hidden rules, what are followed by different groups. These hidden rules are behind the "nature's law" and "human feeling" . There are two different interactions that to get the balanced benefits, the interaction between the hidden rules of officers and civilians, and the interaction between the hidden rules and law.In brief, the local society sways between the ideal and realistic. It is rational that the expression is different from actuality in the local judicatory. The participant among them interact on benefits pursue. During this process, the national and social benefits balanced, and the relationship between the law and the society reflects.