The Local Trial System Of Wei, Jin And Southern And Northern Dynasties

In Wei, Jin and Southern and Northern Dynasties, at the local level by state and country, justice agencies were the basic composition. These executives may govern a wide range of cases. Minor civil cases and serious criminal cases were all heard by them. Provincial governor has the right to monitor the local officials. In these three hundred years, county executive's terms of reference have little change occurred, the provincial governors'terms of reference has undergone major changes in Jin Dynasty, The chief executive by local officials for change in the main responsibility for inspectors to supervisory official. But this change only persisted to a short time. At the northern and southern dynasties, State officials again to become the local strength, they managed local affairs and tried cases. In northern dynasty, even administer justice as the state officials'important reference achievementsThis article also discussed the judicial officials in case the judge must follow the principle and application of solving methods. First, torture. In ancient China, torture was one of the most commonly used methods when the judges tried cases. Ancient Chinese took oral confession as the king of evidences, in order to obtain the criminal suspect's testimony, the torture was used by frequently. In southern dynasty, ce fa system was created. This system had certain restrictions to celi and kaofa. Generally speaking, it had certain advantages. But these methods through mutilated body to get testimony, They were actually deviated from civilization. From the cases and historical data we can learn that Many judicial officials actually has begun to reflect the rationality of torture. Second, Local officials attached great importance to the education when they adjudicated cases. Local judicial officials were not only the judge, also administrative officials. So they always be legal and political linked together in the process of the lawsuit. They thought trial should not only use legal dispute, the more must set up prestige civilize people. They educated citizens in order to stop litigation; they do not set law as the only basis for a solution, they preferred to use with reason and righteousness to solve problems, because in their view, reason and the righteousness were more effective than simple rigid regulation. Third, the judge's independent judicial power. The judge officials had independent authority when they tried cases. Finally, this paper also discussed some characteristic system. For example, the revenge. In Cao Wei period, The government's attitude to revenge behavior by the original strongly opposed to the subsequent conditional allowed. Officials in dealing with revenge cases usually tend to get a lighter sentence. In Jin period, It mainly discusses a corollary about revenge forgiveness. The author also introduced the DuYou system. In the third part of the article, the author summarized the system, and then analyzed why it was abolished.