On The Tried Of Counties In Qing Dynasty

This article to remain in the Qing dynasty the Lu Zhou Gong An and the Fan Shan Pan Du as the main object of study. Through interpretation on historical analysis of real cases, to illustrate the counties in the Qing dynasty embodied characteristics of trial practice, and pointed out that exists in the prefectures and counties in the Qing dynasty tried to trial based on a wide range of phenomena. Finally in the perspective of macro-characteristics analysis and summary of the trials of prefectures and counties in the Qing dynasty.This article is divided into four parts. Part one overview of the Department is divided into prefectures and counties to trial functions in the Qing dynasty, is divided into two main areas:first, sets and be in charge of the prefectures and counties of the Qing dynasty. Humble State magistrate positions, are in grass-roots level, in general it is difficult to draw too much attention. In fact, the State magistrate as counties officially official, duties of major, in the district on behalf of the Central Government, promote education raising people; in the case of Central, the hub of communication and the Imperial Court and the people, the magistrate has the responsibility to the aspirations of the civil service central. In the prefectures and counties area, State magistrate as Chief Executive and the Chief Justice of the Supreme. They for area within of size Affairs are be involved, for heavy love trifle to personally trial, therefore also was said they is "judge, and tax official and General Administrative Executive", its affairs range can said is "waste by does not comprehensive" and "Palm a county of Decree, flat levying taxes and corvee, listen to treatment court, Hing education, excitation customs, where endowment, and worship God, and Gong Shi, and read method, are himself faint vocational and service acting of. "However, judging from the existing archives, judicial services accounted for most of the content of the daily affairs of State magistrate. Second, Lu Zhou Gong An and Fan Shan Pan Du counties trial and Qing dynasty. Lan Dingyuan, author of the Lu Zhou Gong An detective in the five years of Yongzheng to remove tribute identity as a county magistrate in Puning County of Guangdong, Rotary and Chaoyang County County magistrate, the book that is has been remove from Office Lan Dingyuan, write down afterwards or from memory when he served as both the Puning and Chaoyang County magistrate run by some of the cases. Two volumes of works, narrative mystery of 24. These cases confusing, people down. This wrongful Yamen runner inside, sly litigation masters, tyrannical despotic, cruel thief sufferance of wives, pure child of superstition fleece money as well as a liar, has a guise of litigation and others mob. Lan Gong through investigation, analysis, inference, mystery of truth, the truth. Also became a part of the Luk Chau detective have been far-reaching judicial case in ancient classics. Fan Zengxiang as jinshi in the reign of three years, successive Shanxi Yichuan, salt flat, Fu Ning, Changan County County magistrate, weinan County magistrate of the reign of 19 years. The Fan Shan Pan Du is the genus on the weinan County magistrate any case collection total is series of 410 cases, the roots of 713 cases, publication in Word, intrinsic interest words, earnest words, words, and many other judgments, cases or long or short, diverse. Criminal cases mainly related to the Qing Law Cases Thieves Steal, Human Life, Assault Case, Abuse Cases, Amour and other press offences, civil cases involving debt Tin House, money, marriage, succession legal relations. Case number rich content the Fan Shan Pan Du detailed language a wide variety of style, or sitting in the Church speak sternly out of sense of Justice, or humor of ridicule. Seamless on the merits of its analysis, determine the merits and wisdom all kinds of thoughts, always lifted the cloud is the bottom of the case. Not only was a scholar in the Qing dynasty the Fan Shan Pan Du for any necessary, as well as modern research in Qing dynasty an excellent textbook on the law of justice.Part two counties judicial proceedings in the Qing dynasty. Trial program is one of the counties trial of important links, specific fall into accusations, accepted, trial and sentencing. This is a course of action, have a certain time limit, the magistrate must be completed within a certain time. If some cases confusing, the magistrate also need further investigation to identify the case. Trial focus on the evidence of the Qing dynasty. Whether cases of emotion, also is a trifle case, is to provide the evidence in a proceeding. In particular theft, pay attention to the statement. For refusing to confessed criminals, implementation of "all the card clearly, that is, with the prison into".Part three counties trial basis during the Qing dynasty. Combination in the text of the Lu Zhou Gong An and Fan Shan Pan Du recording of real case, and sort them, from four different aspects of the Qing dynasty State magistrate case:law, reason, etiquette and customs. The Qing Law Cases to the Law of the Ming Dynasty modelled, completed on Qianlong officially five years, published in the world and announced that "always complied with." As the last part of the feudal society of China a written code, it is the combination of Chinese feudal law. It inherits the law of the Confucian tradition since the Han and Tang dynasties, while taking into account its own code of political experience was a characteristic of the time. As he had become "code", but the social situation is still changing, to keep pace with the times and there have been cases. By contrast, more flexibility in the form of, to better adapt to social changes, but because it also uses the same law-list of legislative model, its role reduced, is still unable to meet the daily needs of counties of justice. It's forcing counties operate to other factors in order to achieve reasonable legal solution of the case.Part four counties trial characteristics analysis in the Qing dynasty. From the previous section can be seen, State magistrate who has some contemporary judges do not have the temperament, so what is it, is what prompted formation of prefectures and counties in the Qing dynasty tried characteristics? Thought and knowledge structure of prefectures and counties of origin and are inseparable. Continuation of the practice is the consciousness, it was the beginning of a new consciousness. Edification of Confucian doctrine for many years, to serious study and investigation of the imperial examination to qualify as fame, Confucian ethics had entered the counties of bones, would like to also throw out a rejection. These ideas will dominate their behavior. State magistrate at the time of trial will consciously or unconsciously awareness brought to the Church under the Confucian values of all the people. This is one. The defects of the system, also provides state magistrate to seek other dispute soil. The Qing Law Cases works as the legal end of the Qing dynasty, it is difficult to change. That's not the most important. More serious is that, as a complement to law officials also uses a list of legislation. This type of legislation in the face of complex, increasingly social life tends to often be limited when the update. Faced with these difficulties, the magistrate is not wait to be killed, but adopted a positive attitude, seek other solutions. In order to make people live and work, stability and order in the area and the country's long-term peace and stability, State magistrate who are racked in the Qing dynasty, really are the people of "local chief" Ah!...