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On Judicial Function Of Qing An Cha Shi

Posted on:2012-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:F L ZhangFull Text:PDF
GTID:2166330332997285Subject:Legal history
Abstract/Summary:PDF Full Text Request
An cha shi is the head of the Qing dynasty, passed Tang and Sung, Yuan and Ming, it had reached a perfection stage. An cha shi had become monitoring functions of justice and important official. This article mainly expounds the judicial functions of An cha shi. In the judicial aspects, Qing dynasty, the last ancient Chinese feudalistic society, had the strict class. The trial class of Qing dynasty, that equal with the local administrative district, had the central and local levels. The Provincial level had some departments, Including Dufu, Liangsi, Shouxundao and so on. Among of them An cha shi bore important judicial functions.The first chapter of this article emphasis on the process of the historical development of An cha shi. The Tang dynasty was the bud of An cha shi. In Tang dynasty, the identity of An cha shi was just monitor. But it was such monitor also leaded to the later formation and development of An cha shi. An cha shi of Sung was a period of development, but it was the real archetype. The name was different from the later dynasty, but on authority, it had the nature of the property. In the Ming dynasty, after Yuan dynasty, An cha shi had developed to the mature stage. He's functions also became strengthened. An cha shi of Ming has impacted on An cha shi of Qing.The second chapter of this article emphasis on the judicial functions of the Qing An cha shi. Its judicial functions including:to hear case by himself, to handle criminal cases which was appealed by parties, to review with the sentence of the province criminal cases, as the host of the Qiu shen affairs and so on. That hearing case by himself general include two aspects:one is to trial minor criminal offences of some officials of some governments; the other one is to hear the civil litigation of the county, including the case that were not took by parties and the case that directly appealed on An cha shi. To handle criminal cases which was appealed by parties also include tow aspects:the criminal case that directly appealed on An cha shi and the case that state county against to the justice of the law or did not handle. The criminal cases were gradually reviewed. In these cases, imprisonment and more serious sentences were transferred from low to high level. An cha shi reviewed all criminal case including prisoners and evidences. An cha shi took important duties in Qiu shen. First of all, An cha shi would view the book of criminal cases. Then An cha shi to make prior finalize.The third chapter of this article sums-up the judicial spirit that An cha shi adhered in performing the duties. An cha shi played very important role in local judicial trial, so in the form of good conduct the judicial spirit that An cha shi adhered conducted very profound impact. The judicial spirit includes quelling litigation, repressing powerful party and supporting weak party, Confucianism ethics and so on.
Keywords/Search Tags:Qing, An cha shi, Judicial function, Judicial spirit
PDF Full Text Request
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