The Robber Cases Of Late Ming Dynasty And The Judicial Of Provincial Judges

Commodity economy has made great progress in Ming Dynasty, with the rapid accumulation of material wealth of society, at the same time it brought a wind of luxury to the society. In this social context, robbers'cases occur frequently. Also, because of the favorable geographical and natural conditions in Guangdong, theft arose everywhere, and folk was sturdy. Ming's legal for the robber is more stringent provisions. At the same time as the trial transfer procedure, for the case of robber, local judicial officials had only the power to be sentenced, and had to report to a higher level of judicial review. This requires that officials in the case of robber cases must be facts of the strength of the evidence, the applicable law and other issues considered carefully and fixed degree, so as not to disregard for human life, but also transfer the trial to avoid the adverse effects of its own procedures. In other words, "according to the referee" is essential for the case of robber.In this paper, the author will take "Mengshuizhai Cundu" by Yanjun Yan, an official in late Ming dynasty, as background information, to sort out, classify and analysis the cases involved in robbery. Meanwhile, the author will try to find out the problem combined with local history and clear statutes in Guangdong.This article begins from the cases of robber in the "Mengshuizhai Cundu", with centralized classification analysis. The article also introduced the trial review procedures in Ming Dynasty, and ended with the key point of this article, which is the base of judgment and referees ideas.The first chapter of this article is summary of robbery cases in "Mengshuizhai Cundu", and classifies the robbery cases into general cases, "Pirates of Waterloo", "Pirates of the falsely accused", and "Jian Dao". Also, the first chapter compared general robbery cases and theft cases, as well as the culture of lawsuit, robbery society and wild furious of pirates.The second chapter introduces the prefectural administrative settings, judicial functions of government and Ming's review process. Ming Dynasty set up the local administration can be divided into three levels, province, city and town. "Tui Guan" is a government official specializing engaged in the administration of justice in a city.From the "MengShuiZhai CunDu", we can see that there are several review institutes in Ming Dynasty, such as city, "Ge Dao", Chief Secretary, Justice, Procurator, Military Gate and Ministry. The crime large that single crime of these cases need to be transferred by the superior judicial review. The so-called judicial review is that trial be transferred to the higher authorities after the grant reporting. It is because of the trial transfer procedure, officials must make their own responsible for the results of the trial, otherwise it may be stricken split end, affect their own appraisal. But the review process has also its own inevitable negative effects, which is causing many unnecessary troubles to litigation.The third chapter describes the trial of the case based on robber. By combining the judgment of robbery cases in "Mengshuizhai Cundu" and corresponding provisions of "The Ming Dynasty Law", the readers can see that Yanjun Yan judged the cases with clear fact and evidence strict according to law. But seen in the judgment recorded in "Mengshuizhai Cundu", Yanjun Yan used less "Analogies lead law"The fourth chapter describes the case of robber trial results. The chapter analyzed upheld, remand and "changing the light from heavy".Upheld is basically the case upheld after trial by Yanjun Yan, and he thought the facts and evidence were clear. "Changing the light from heavy" accounted for more than half robbery cases in "Meng Shui Zhai Cun Du", the main reason of which were:testimony and witnesses, the weapon and the stolen goods, and "Paul Results in row".The fifth chapter is the focus and core theory. It described the main idea and mentality to judge robbery cases':to kill carefully and to avoid out of human sin. Finally, the article settled to a balance of feeling, reason and law. It also summarized the special application of "Ji xing bu de cai". From the verdict, we see Yanjun Yan analyzed and judged cases based on reasonable facts.As the author said at the end of article, "Judge According the Law" is actually to make the judging results look more reasonable.