Study On Qing Dynasty's Judicial Responsibility System

It is a distant origin and a long development of Chinese ancient judicial responsibility system. The Chinese ancient judicial responsibility system had a important role to restrain the judicial functionary's judicial act and to defend the authority of ancient law.Thus,the Chinese ancient judicial responsibility system is a good system. From Dynasty of Qin and Dynasty of Han to Dynasty of Sui and Dynasty of Tang ,then to Dynasty of Qing , the Chinese ancient judicial responsibility system had been developing, so the Qing Dynasty's judicial responsibility system turns to the most perfect judicial responsibility system in Chinese ancient society. It will have great significance for Chinese legal construction to study the content and to sum up the experience of Qing Dynasty's judicial responsibility.The foreword is to make clear the significance to study the Qing Dynasty's judicial responsibility system.The article has five chapters:First part:The brief introduction to the developing histroy of Chinese ancient judicial responsibility system before Qing Dynasty, the Chinese ancient judicial responsibility system came down in one line, so ,we should look back to history of the Chinese ancient judicial responsibility system.Therefore,tbis part introduces the Chinese ancient judicial responsibility system in four history stages.Second part:Qing Dynasty's judicial authority and judicial officials.To study this topic, we should make clear the extent of judicial officials.However we know that Qing Dynasty had no special judicial authority like the other previous dynasties.But,the author thinks that the definition of judice and the extent of judicial authority is changing with the development of histroy.So,we can hold that where there is trial acts and other acts relevant to trial there is judice, judicial authority and judicial officials. Therefore this part introduces the judicial authority and judicial officials in central and local levels.Third part: The regulated content of Qing Dynasty's judicial responsibility. This part mainly introduces the content regulated in《Law and Regulation of Qing Dynasty》,included the following concrete content: the responsibility of acceptance, the responsibility of capture and arrest, the responsibility of testimony, the responsibility of trial, the responsibility of execution and the other responsibility.Fourth part: The established investigation of Qing Dynasty's judicial responsibility. The "Law and Regulation of Qing Dynasty" not only regulated the legal content of judicial responsibility, but also regulated the content to looking into the judicial responsibility.Therefore,this part introduces the means to take the responsibility, the principles and the procedure to look into the responsibility.Fifth part: The legal practise of Qing Dynasty's judicial responsibility. Though Qing Dynasty made prefect regulations to judicial responsibility, but the author thinks that the syetem is a not realized task that the rulers made for the judicial officials.This because that there is contradiction between the system itself and the social foundation.Brief summary: Qing Dynasty's judicial responsibility system is a comprehensive expression of the whole ancient judicial responsibility system. Although the author made some innovations, it need to study this topic further.