Research On Judicatory Practice Of Henan Province In The Qing Dynasty

Local judicial practice in the Qing Dynasty in Henan Province is the process of using national government decrees at the local. From their own interests, all sectors of the local community not only obey, but also resist, even publicly disput national government decrees. However, national government decrees are preserved as the nature and role of the system of standardizing social behavior, and all levels of society function well in the framework of national law.Under the rule of the Qing Dynasty in Henan local, provincial governor and county officials bear the primary responsibility for the administration of justice. All sectors of society seek their own interests, and the collision, struggle among them not only cause a variety of contradictions and disputes, but also have a force on the system. With the forces of superior gentleman and the rich increasingly expanding, the grass-roots people are increasingly poor and to be bankrupt, who become an important social force to break through the community legal system. In the course of contradictions and conflicts between the poor and the official obeying the rule of law, community tend to divide and collapse.In the course of judicial practice, a variety of events combine with the acts to form various types of judicial cases. Whether incorporating day-to-day events into the proceedings, infiltrating state power into the local affairs, the activities resisting within the system or the illegal acts of violence are important aspects of judicial practice. Judicial cases not only have the role of shaping social class, but also are affected by all walks of life.Code structure of judicial field in Henan local not only contain a wealth of social rules, but also is more flexible in the interactive process of legal text, case and decision. The impact of local customs is an important factor in judicial practice, and subject to civil and official attention. Under the condition of deficiencies of the existing act, the law rules and local customs expose their own strengths and weaknesses from varying degrees. The combination of the law rules and local customs can promote the creation and administration under the case of legal interaction and promote the evolution of knowledge of justice field.In judicial practice in the Qing Dynasty in Henan Province, the law has a very wide scope of application and the cases from county office are relatively homogeneous. At the same time, the effect of implementation of law is so clear that the local social order is maintained and local social development is promoted. In the course of judicial practice, the emergence, evolution and development of local laws not only have a role in this region, but also have an impact on national legislation.Local judicial practice in the Qing Dynasty in Henan Province is influenced by many factors. Centralized system is the criteria for local activities, which profoundly intervene in the judicial activities of the local. At the same time, the administration of justice is also affected by social and cultural activities, such as the request of stopping torture for religious activities, the protection of education on persons with fame, which has all changed the form of judicial activities.The inherent contradictions of judicial practice not only focus the difficulties of social development, but also show a rich social life in Henan local, which bring cold law enforcement certain vitality and breed the driving force of social changes.