Prosecutorial System And Practice In Late Qing Dynasty

32nd year of Guangxu period (1906), the Qing court formally implemented the reform of the central bureaucracy, which witnessed the prelude of introduction, creation a Western justice system. That year, prosecutorial system was established officially after the enactment of the Daliyuan Trail Law. It realized separation of prosecution and trial. 3rd year Xuantong Period (1911), Xinhai Revolution erupted; the Qing government subsequently withdrew from the historical stage. Therefore, its prosecutorial system was also replaced by the system of the Republic of China.It was more than one hundred year since the prosecutorial system was settled up. But during the 1906-1911, the prosecutorial system and its practice have not demonstrated clearly, such as, how did prosecutorial system set up on earth at the end of Qing Dynasty? What difficulty did they encounter in during the process? What rights did they have? What relationship between prosecutorial office and Fabu, Judicial Department, prison and attorney in legal affairs? What is the content about the prosecutorial system? What is its practice and philosophy of law enforcement? What inspiration value does the Late Qing prosecutorial system for today?The thesis tries to solve these issues and fill the gaps on the basis of collecting and settling plentiful historical material of prosecutorial system of Late Qing Dynasty. Except introduction and conclusion, it is divided into ten chapters and has more than 370000 words in all.Chapter One Origin of prosecutorial system of China. At the beginning, this chapter compares and analyses important difference between Yushi supervision system and latter-day prosecutorial system, and objectively defines on the procuratorial system. Then, it thoroughly inspects the reason and the introduction process of Japanese prosecutorial system at Meiji period, and explores the Prosecutor's Office authority problem in the Dispute between Fabu and Daliyuan. According to this, it affirms fully the important significance of the introduction of modern prosecutorial system.Chapter Two Establishment of prosecutorial system in the late Qing Dynasty. This chapter thoroughly analyses legislative process of establishing the prosecutorial system, inspects the prosecutorial system content in terms of a time sequence in a series of law, analyze practical difficulty and solutions about lack of legislative preparation, professionals and material conditions ect. In the organization process of prosecutorial system in the Late Qing Dynasty, sums up some successful experience of establishing partial Prosecutor's Office in the difficult conditions. Moreover, it makes a special study on the staff settlement, judicial district boundaries and the jurisdiction of the case in the process of establishment of the prosecutorial system in the Late Qing Dynasty. Chapter three Function and power of prosecutorial organization in the late Qing Dynasty. On the basis of the historical materials which are formed by executing practice by the prosecutor's office, this chapter systematically analyses the rights on investigation, pretrial, on-site investigation and examination, dispatching and commanding the judicial police, receiving petitions, prosecuting criminals, appealing, participating in civil action and supervising enforcement of judgment. Besides, combining related rules about "ZongShiJueLuo litigation charter ", it researches the specific situation that the Prosecutor's office is affected by suffering from royal privilege about the responsibility and rights in the criminal proceedings for ZongShiJueLuo.Chapter four Structure and system of implementing responsibility in the Prosecutor's office in the late Qing Dynasty. If the power might be implemented comprehensively and fully, national institutions must have a strong set of system and operational mechanism. Therefore, this chapter roundly collates and studies the coercive measures of Qing Dynasty Prosecutor's Office and other specific powers, agency system among the prosecutors, recusation system, professional training and agenda system, and systemic studies the relationship mode between the Public Prosecutor's Offices, the standardization of procuratorial work, and external security of Prosecutor's Office. In addition, it also analyzes the defects about operation mechanism of the Public Prosecutor's Office in the late Qing Dynasty.Chapter five Judicial independence in the late Qing Dynasty and independent exercise of the Public Prosecutor's Office. This chapter analyzes the minister of the late Qing Dynasty to the understanding of judicial independence, and sort out the establishment and implementation of the principle of judicial independence, meanwhile explores the reasons that the Public Prosecutor's Office was included in the broad judiciary and in the scope of subjects of"judicial independence", and also evaluates the difficulties of judicial independence in the late Qing Dynasty, that is, while judicial independence is a gradual process, but due to factors such as a centralized rule, the independence of the judiciary will not be able to completely realize in the late Qing Dynasty.Chapter six Nature and status of the Public Prosecutor's Office in the late Qing Dynasty. According to the data of objective analysis, we can see that the Prosecutor's Office is the represents of the state interests, Qing Dynasty prosecutor's office at all level is a judicial and administrative bodies from body nature, and the prosecutorial power is judicial executive power from power nature and the Late Qing Dynasty prosecutor's office is a supporting institution for judicial organizationChapter seven Important external relation of Qing Dynasty prosecutor's office. First, this chapter conducts special studies about how Fabu, Tifasi and Dufu control the Prosecutor's Office, comes to a basic understanding that Fabu and Tifasi are essentially the higher authorities of the Prosecutor's Office and have the right to schedule the Prosecutor's Office affairs comprehensively, inspect the ability basis of Tifasi to schedule procuratorial affairs and the practice of Tifashi etc.to control and manage the operation of prosecutor organization, and evaluate advantage and disadvantage both. Then, the chapter analyses and studies the collaboration and supervision relationship between the Prosecutor's Office and Judicial Department, put some viewpoints such as mutual independence between the Prosecutor's Office and Judicial Department, mutual cooperation on the basis of independence, the Prosecutor's Office unidirectional depending on the Judicial Department etc.and evaluates and affirms the evidence and practical operation of the Prosecutor's Office supervising the Judicial Department. Finally, it makes a certain mount of analysis and studies on the system and practice about supervision and management of Qing Dynasty prosecutor's office to prison (Detention center, Forced labor house) and the relationship between Qing Dynasty prosecutor's office and attorney.Chapter eight Prosecutor system in the late Qing Dynasty. Starting from "Prosecutor" title sources, this chapter explains the judicial office protection, judge grades and other issues on the basis of research about prosecutor election, grades, job security and the system of support staff such as law clerk, office secretary ect. As any right should be subject to necessary supervision, the prosecutor's office certainly should not be an exception. This chapter collates and studies power source for the chancellor of Prosecutor's Office to supervise prosecutor's office, internal oversight management system of Prosecutor's Office, external judicial and administrative supervision of Prosecutor's Office, Prosecutor's actions restriction When performing their duties in proceedings, prosecutor or prosecutor's office performance appraisal system etc.Chapter nine Compare procuratorial system in the late Qing Dynasty with procuratorial system at Meiji period in Japan. This chapter is a microscopic inspection on the legal source transplantation of procuratorial system in the late Qing Dynasty. By comparison, we come to the basic view which is procuratorial system in the late Qing Dynasty is almost a piracy of procuratorial system at Meiji period in Japan, and summarized the reasons for the phenomenon of legal graft.Chapter ten Practice and idea of law enforcement of prosecutor's office ---the research of sanction words and major enforcement cases of prosecutor's office. Based on practice in law enforcement first, this chapter research dozens of sanction words which written by the late Qing Dynasty public prosecutor's office in the process of enforcing cases, generalize and evaluate the characteristics, writing style, reasoning method etc of sanction words by the late Qing Dynasty public prosecutor's office, then in conjunction with other information outside sanction words, analyze several major issues and practice of law enforcement about the Public Prosecutor's Office of the late Qing Dynasty, praise their practice and concepts of which dare to enforce law and Pay attention to the enforcement strategy, and make a certain amount of analysis and criticism about its "no household tribunal", investigation careless, torture employment and other undesirable practices and concepts.In short, despite the creation of the late Qing procuratorial system has its positive and practical approach that achieved a degree of success, but we cannot give it high evaluation. From the point of view to discover and observe the rule of procuratorial and judicial work, there is indeed some outstanding experience, descendants should pay more attention to this.