The Research Of Several Problems About Litigation System In Qing Dynasty

This paper is divided into three parts :the foreword ,the main part and the conclusion.The foreword of this paper mainly introduces the purpose of writing this paper,and methods of research.The main purpose of writing this paper is the followings:Firstly,In our country ,we are building a democratic society and the rule of law at present .The litigation system in the Qing Dynasty has the value of research and reference.Secondly,although there are many studies about the ancient Chinese legal history,generalized study and introduction has more.In the past,researchers on the litigation systems in the Qing Dynasty had a negative attitude,but researchers with a positive attitude had less.Today,using the spirit of seeking truth,we hope to explore some new problems.Thirdly,the author have researched several problem of this system,hoping have innovative in this aspect,perfecting the legal history of the Qing Dynasty,and making China's legal history research more enriching.The methods of research as followings:Firstly,in the Qing Dynasty litigation academic achievements,Most start from the system level statically,the less combination of dynamic practice of legal to study.The author attempts to combine the two,discussing with case files and compiled information of the Qing Dynasty.Seeking to dynamic development of the system as a whole.Secondly,By comparing with litigation systems in Tang,Song,Yuan,Ming dynasties and the extensive use of historical comparative study,the author analyses characteristics and causes of this system.The author puts up with questionable viewpoints as well as academia on the study of litigation systems in the Qing Dynasty,thus to promote the academic atmosphere of a hundred schools of thought contend and conduct indepth historical research.Thirdly,in addition to utilizing the theory and history research methods,the author attempts to use legal methods and theory of the Qing Dynasty litigation system to analyse,such as the analysis of case law,comparative law,and so on.The main part is divided into four topics:Firstly, several judge rules about the key homicide and robbery case.The system of inquisition by torture of the Qing Dynasty is introduced briefly at first, compared with the ones of the Tang, Song, Yuan and Ming dynasties. The following conclusion is drawn: So long as they strictly observe the system of the inquisition by torture , judges may promptly punish the criminal offenders and protect litigant's legitimate rights and interests.Secondly,the author briefly introduces the Review system of retrying and passing on documents, compared with the ones of the Tang, Song, Yuan and Ming dynasties. The following conclusion is drawn: Although it is not responsible for the litigants ,it had objectively a certain restrictive function for the rulers who abused penalty, defended litigant's legitimate rights and interests to some extent.Finally, Autumn Assize system was briefly introduced, compared with the ones of the Tang, Song, Yuan and Ming dynasties. The following conclusion is drawn: Autumn assize system formed gradually in the Qing Dynasty based on the long-term practice, which had he extremely strict procedure, the strict system and the consummation legal rule. In practice, the death penalty deterrent functions were maintained, and indiscriminate punishment without authorization to kill was prevented. The innocents have been kept, this kind of system was a big progress.Secondly, about the several rules of lawsuits under a magistrate's own jurisdiction. Firstly ,the civil judicial system is briefly introduced, and next is civil mediating system, compared with the ones of the Tang, Song, Yuan and Ming dynasties. the following conclusion is drawn: the Civil mediating system maintained the feudal rule subjectively, however ,objectively defended litigant's legitimate rights and interests to some extent.Thirdly, about Qing Dynasty Judge. Firstly, it is briefly introduced how Qing Dynasty emperor and the local officials enlightened the common people and popularized the legal education, from which a conclusion is drawn: the practice objectively created the condition under which the common people could use the legal knowledge to protect their own legitimate rights and interests. Next ,Qing Dynasty's Judge's judicial activities are briefly introduced, compared with the ones of the Tang, Song, Yuan and Ming dynasties. the following conclusion is drawn: Because the law enforcement is fair in the judicial trial process, the justice has been promoted for the populace in the certain degree and the wrongful treatment was eliminated. they were respected by people. They are frequently regarded as the spokesman of the litigant rights and interests because of this. Finally, the influence of the non-rational factors on the judicature judicial activities is briefly introduced ,which is caused by the ghosts and gods idea or retribution for sin. A conclusion is drawn: the unjust trials are objectively reduced, and the litigants are prevented from illegal injuries to some extent.Fourthly, about the Qing Dynasty litigation brokers. Firstly, social background of the Qing Dynasty litigation brokers is briefly introduced, next, their work , origin and working area of the Qing Dynasty litigation brokers. compared with the ones of the Tang, Song, Yuan and Ming dynasties,the following conclusion is drawn: As they provided litigants with a lot of convenience, litigation brokers becomes primary assistants of litigants, who defend litigants'legitimate rights and interests to some extent.An entire summary is done at last.