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A Research On The Litigation And Cognizance Of The Local Government In The Last Phase Of The Ching Dynasty

Posted on:2008-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:D Y LiFull Text:PDF
GTID:2155360215456174Subject:China's modern history
Abstract/Summary:PDF Full Text Request
The law is the basis of society and the important part of social control function. The operation of law, rise or fall, reflects the healthy state of the social order on considerable extent. By the historical data, "the Fanshan Official Document", this thesis analyzed the operation of local litigation, cognizance and judicial supervision. Then, discussed the judicial participation and harm from amanuensis, office clerk, famulus and servitor, an important member and structure within local yamun, and explained the intervening in local litigation and cognizance process from the pettifogger, a nongovernment judicial participator. Meanwhile, studyed the chaotic condition of law application and the abuse case of penalty. Finally, made the research on the local society of the last phase of the Ching Dynasty about the concrete performance of judicial control function. By this research, we can think, In the last phase of the Ching Dynasty common people had brought about stronger demand on litigation for seeking the redress of daily conflict. The condition that society contradiction sharpened increasingly and the public order was confusion, requested law should have exerted the social control function. But In the last phase of the Ching Dynasty the litigation and cognizance of local yamun did not meet this kind of demand ,contrarily , there were many disadvantage and abuse .So, the judicatory had not implemented its social control function.The reform, trying to implement judicatory independence form administration, can not as early as possible in the last phase of the Ching Dynasty. Judicial organization still was to attach to the rotted administration system. The high cost and lowly efficiencies of judicial litigations made people unbearable. The judicial officials of all levels usually attended to evade their responsibility only. Importantly, the judiciary had oneself systematic limitation, it made the fair and justice of the judicatory hard to be achieved. These member, amanuensis, office clerk, famulus and servitor ,had participated the judicial activity and produced greatly harm. On the other hand, pettifogger frequent activity also had disturbed greatly the local judicatories.These systems ,such appealing to higher yamun, the judicial report monthly by themselves writing sentence , checkup and approval by every level yamun to the case of upper grade imprisonment and so on, not only was a sort of judicial process but also the supervision measure of litigation and cognizance. But in the last phase of the Ching Dynasty, these supervision measure had already been rescinded or broken, so it had lost the supervision effect regardless formally or essentially.Face to the unstable society of complications and the age of increasingly open till the last phase of the Ching Dynasty, the traditional feudalistic law system still was the official compellent provision law tool of adjusting and controling society contradiction from the last phase of the Ching Dynasty. But the law operation practice made clear that the law applicability of case cognizance had presented diversification and localization characteristic. The system text had huge contrast with judicial practice. These proved effectively that the current law system was not adaptive with social varieties. At the same time it expressed that the central power control in the local litigation and cognizance became weaker greatly, and reflected a certain extent the condition of thinking importance of local government by themselves because of their control on local law.That the society control function of the law system was out of order was a worsen strong signal beacon of social condition. It not only reflect to the condition that the society had already so disordered that the society had been much difficult to return good order, and proved also the rule of rotting, falling behind and inability. Then, that the Ching Dynasty was overthrown quickly became a kind of historical inevitability after the revolution outbreak of 1911.
Keywords/Search Tags:the last phase of the Ching Dynasty, litigation and cognizance, Fan Zengxiang, the Fanshan Official Document
PDF Full Text Request
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