The Legal Knowledge And Practice Of Legal Professionals In Qing Dynasty

This thesis focuses on the knowledge status of legal professionals in Qing Dynasty, and the relationship between this knowledge status and legal practice. In researching processes, firstly I analyze the legal education and knowledge situation of legal professions in past dynasties; Secondly spread of legal knowledge in the whole society, especially in legal professions is introduced; Thirdly is the detailed analysis of legal professions' knowledge background, knowledge structure and specific legal condition, as well as the relationship between them; At last is the comparation of knowledge between eastern and western legal professions, and also an introduction of legal knowledge transition in modern times. This article is divided into seven parts.The preface maily presents the origin of content, where the idea derives from, the value of the topic and practical significance. Meanwhile related concepts are defined according to the needs of research. Some current situation are also referred to emphasize the academic value and practical significance.The first chapter introduces the legal education and knowledge situation of legal professions in past dynasties. Three steps as legal creating time, legal forming time and legal evolution time give deep investigation to historical resource to legal education of legal professions in Qing Dynasty. The second chapter introduces the creative work and spread of legal knowledge. Qing Dynasty took out a great step in every aspect of law, many great books came out. Both private and public devoted into publishing legal works with good quality and amount which reached a relatively high level. From the perspective of organ and institution, Legislative Yuan and Local Province played an important role. Specific institution emerged in late Qing Dynasty. Seeing through the whole period, it arrived at a certain high level during the early stage, culminated in the middle stage and decayed at last accompanying with the transiton of traditional law.The third chapter presents atmosphere and judicial system in Qing Dynasty, legal practice is also anylized here. Then I made a brief introduction to several main occupations in Qing Dynasty such as judicial officer, Muyou, Lixu and Songshi.The fourth chapter particularly discussed the education and knowledge background of legal professions, and analyzed how each class acquired legal knowledge and their intellectual structure. Under imperial examinations system, most intellectuals lack legal knowledge because they recieved tradional Confucianism education. After stepped into legal career, they acquired legal knowledge from teachers, internship, self-taught and practise etc. However on the whole, there was a lack of formulated means and restriction, therefore, the effect differed from person to person.The fifth chapter takes judicial officer and songshi as examples, analyzes the relationship between this knowledge status and legal practice. Judicial officials were tied to Muyou and Lixu in legal practice because of the lack of professional knowledge. This is also an important reason lead to ineffecient judiciary and miscarriage of justice. Meanwhile Confucian education structure enabled them to prefer using morality and reason to decide a case, considering the balance of social value and benefits. As for Songshi, they won cases by their management of legal knowledge and advice. At the same time they fought against government officials by their own experience.The sixth chapter gives an overview at the contemporary western legal professions and makes comparation of eastern and western situations. It follows with simple introduction and analysis of transition along with modernization in judiciary system.At last is the conclusion part of the article, after evaluating and concluding the previous parts, it emphasizes that legal education in Qing Dynasty is much different from today. Some legal professions such as Muyou and Songshi had specific legal knowledge because the need of judicial practice, but as the leading role, judicial officials, most of them didn't not have professional knowledge. In addition, different classes had different interests which made it hard to form a so called legal community. Thus we could get some enlightenment from these historical experience.