An Elementary Study On Local Criminal Judicial Proceedings Of Qing Dynasty

Qing dynasty is the last shape of the feudal society of our country, it incorporates the strong points of traditional experience, and becomes the target of traditional law study in the educational circles. With the development and deepening of the modern law ruling theory, the procedure legal system being the important sign governed by law has been paid more attention to, and is naturally prolonged to the study field of traditional law. The scholars have acquired great achievements in studying the legal system of the judicial proceedings of Qing Dynasty, such as the procedure is tedious and complicated, the proceedings is different because of different places, different people, and different cases, and the case is transfered or applied to other feudal official for rehearing and appealed repeatedly. But the one that has been payed more attention to is the description of the technological aspect, the seeking of its value orientation is hardly any. On the basis of forefathers' research results, the author combes and concludes the single file clause of sporadically appeared on its legislation. Combining the relevant literature, the author tests and analyses the local criminal judicial proceedings, and finds that from the prosecuting to the accepting, inquisiting and finally to the judgement, it forms a set of intact and close workflow, all links with one another, ensuring the smooth enforcement of national judicial power. The whole course is an operation of administration management, therefore, it demonstrates some distinct features, such as the trail and the judgement are separated, the power highly centralized, the inquisitional features are bright, and so on. When carrying on the justice analyze to the concrete cases, its legal proceedings not only reflects obviously and is followed strictly, but also reflects some characteristics, such as the directness of justice hearing, the universality of inquisition by torture, the hearing methods are flexible and diversiform among the case transferring in the reality. Qing dynasty seems quite remote from now, especially its judicial system including the procedure legal system which had already been abandoned completely in the legal system reform of latter stage of Qing dynasty. But the traditional custom is so rootedness that it deserves considering. The positive or passive influence impression that it gives to the modern society is very obvious. While the administration color of the separation of trail and judgement can not be get rid of.Likewise, the tradition is the accumulation of history and culture, and is the foundation of modern advancement, it...