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Study On The Judicatory Responsibility Of Magistrates In Qing Dynasty

Posted on:2007-05-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:F M LiFull Text:PDF
GTID:1116360182491410Subject:Legal history
Abstract/Summary:PDF Full Text Request
Magistrates always held on legal responsibility if they violated or transgressed when processing judicatory activities in Qing Dynasty, here magistrates refer to not only the head of the county, but also the subordinate officials, the clerks, the governments runners and so on.This dissertation focuses on who and how they were punished for this, and hopes to find some ideas about the functioning of judicatory system in the local governments in Qing Dynasty.The introduction part mainly tells about the key notions, the study foundation and the main methods.Chapter 1 cards the clues of the judicatory system of Qing Dynasty from the level of central government and the level of local government, and goes through the main body who should take on judicatory responsibility to pave for the further study.Chapter 2 concerns about the administrative responsibility of the magistrates in judicatory activities. Several ways induced the magistrates to hold on responsibility when conducting cases such as theft and robbery, damage, jail, torture, etc.Chapter 3 is involved with the criminal responsibility of the magistrates in judicatory activities. This is more serous then administrative. When intentionally they committed the crimes as pronouncing through error a sentence inadequate to the crime, or pronouncing through error a sentence excessive for the crimes, they would have to be held on severe responsibility.Chapter 4 tells the judicatory responsibility of subordinate officials when conducting cases. These people factually gained part of the power of judgments though legally it was wrong. So when they got something wrong or illegal, the code managed to give suitable punishment.Chapter 5 discusses the judicatory responsibility of clerks and government runners. For some reason, they could also conveniently give some emphasis on the judicatory procedure.The conclusion part sums up the main ideas about the whole dissertation and givesout comments and analysis.
Keywords/Search Tags:Qing dynasty, magistrates, judicatory responsibility
PDF Full Text Request
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