Research On Judicial Hierarchy In Qing Dynasty

This dissertation aims to study judicial hierarchy in the Qing Dynasty. We summarized its general provisions, special provisions, operation mode and characteristics of value through the relevant legal texts, documents and cases. We concluded that judicial hierarchy in the Qing Dynasty was highly developed in ancient China and had a major reference for the construction of reality.This dissertation is divided into seven sections.The introduction describes the origin of topic selection, research purposes, academic history of the topics related to review, research methods and writing ideas and possible innovations.Chapter I is about history of judicial hierarchy from the Xia Dynasty to the Ming Dynasty, which focuses on the Ming and Later-Jin Dynasty. Judicial hierarchy in the Ming Dynasty was very complete in the feudal society and Qing had a direct transmission and impact because of "Qing inherits Ming system". Qing was still in the slave society and its legal system is simple. before entried Shanhaiguan, but the leaders of Qing paid the special attention to the administration of justice. Under the guidance of "reference Han system and appropriate Jin system" judicial hierarchy began to be build with the national characteristics of the judicial hierarchy.Chapter II is about general provisions of judicial hierarchy in the Qing Dynasty. In the mainland province in Qing Dynasty, judicial hierarchy was divided into four levels which were the County, the House, the Justice and the Governor. The central-level was divided into the Ministry of Punishments and the Emperor. All these reflecting the ancient Chinese judicial and administrative bodies had both overlapping characteristics, and the imperial power in the judicial trial absolute authority.ChapterⅢis about special judicial hierarchy in the Qing Dynasty. Through the Capital, Mongolia, Tibet, Xinjiang and other groups for special trial banner class research, reflected in the Qing Dynasty unified multi-ethnic country, "all under this common" relative autonomy and ethnic characteristics of the regime rule discriminatory features. In addition to Beijing control and Execution on the Spot, for example that the judicial hierarchy was not static in the Qing Dynasty, traditional conservative, but by the feelings and needs of the situation demands a breakthrough, showing the judicial hierarchy for the adjustment of social relations and social stability order, with a flexible contingency side, so as to realize social services law, the concept of political service.ChapterⅣis about the judicial hierarchy in the Qing Dynasty and the distinctive turn-trial focuses on the control procedures, that the two procedures was to promote the effective operation in the Qing Dynasty judicial hierarchy extremely important patterns. Through transfer between the judicial hierarchy and flow control to be connected each other. Turning for the trial of major criminal cases, taking the initiative to enable the judicial hierarchy; on the control filed by the parties and their relatives, the department of passive acceptance of judicial organs, both provisions shall not exceed the judicial hierarchy, but the role of judicial institutions were higher supervision of subordinate judicial bodies in order to achieve the purpose of maximizing justice.Chapter V summarizes the characteristics of the judicial hierarchy in the Qing Dynasty, and to comment on its value. Judicial Hierarchy in the Qing Dynasty with the four "appropriate actions" and one "multiple" feature, that is a result of the case’s needs, local conditions, the person, whenever necessary, and the judicial hierarchy diversity levels and settings. These characteristics reflect the judicial hierarchy as legal system adaptability to society, but too much diversification can also cause confusion in the trial proceedings. Judicial Hierarchy in the Qing Dynasty for the protection of the legitimate rights and interests of the parties, preventing and correcting the wrong case, the legal system to safeguard national unity, promoting legislation to raise the level of checks and balances at all levels of judicial institutions has a positive meaning, but too much hierarchy can lead to low efficiency of trial.Conclusion, the judicial hierarchy brief description of the Qing Dynasty in the modern transformation of the system and the evolution of our current system to evaluate judicial hierarchy certainly has some drawbacks and can not adapt effectively to the development of the current trial. Judicial hierarchy in the Qing Dynasty as a reference, suggested minor criminal cases and small civil cases of first instance final implementation of the system, the implementation of the ordinary criminal and civil cases three-Judicial Hierarchy, death penalty cases, a four-trial final. We will establish a multi-level system model and build a new type of judicial hierarchy.