Research On Jurisdiction In Ancient China

The essay is divided into seven parts. The first part is the foreword. The main body is composed of five parts. At first, it describes the instance level of jurisdiction in ancient China, and profiles a broad picture of the Chinese dynasties and the judicial limits, then describes the geographical jurisdiction of ancient China and the special jurisdiction with focus on the privileges, the soldiers and the eunuch, then it describes legal responsibility of illegal jurisdiction according Chinese ancient law. After that, it goes on to list some legitimate cases and illegal cases, and analyses the implementation of the ancient law. Then it makes an assessment of the relevant factors that affect the effectiveness of our Ancient jurisdiction. The seventh part is conclusion.The first part is the foreword. It makes a brief introduction to the reason of writing this paper, the current situation, the research methods and the research purpose. Jurisdiction has been in existence in our Ancient litigation, even as early as in the Shang Dynasty. Not only there exists ancient jurisdiction level, but also exists a number of geographic jurisdiction and special jurisdiction. Using empirical methods and materials from the former Code, and combining with the ancient practices of jurisdiction and the operating system, I try to make some more in-depth analysis and research about the jurisdictions on the implementation of the system, and then analyze the factors affecting the effectiveness of the ancient law.Part two describes the jurisdiction level of ancient China. It makes an overview on the instance level of jurisdiction and the judicial limits of the Zhou Dynasty, the Qin and Han Dynasty, the Southern and Northern Dynasties, the Sui Dynasty, the Tang, Song, Yuan, Ming and Qing Dynasties. It formed jurisdiction in the Western Zhou Dynasty and the Qin and Han Dynasty, after the important period of transition Wei Dynasty, it has been systematized overall. And it reaches maturity in the Tang and Song Dynasty, and then it makes a further development in the Yuan, Ming and Qing Dynasty.The third part, first expounds ancient regional jurisdiction. There are some cases of special category of the principle of geographical jurisdiction, such as the principle "plaintiff on the defendant" and the "After the first made on the development of". Then it inspects some specific types of specialized jurisdiction. It introduces three types of special jurisdiction : the first category is aimed at the people with a specific identity of the special jurisdiction, mainly expounded on the major systems of the two systems and set against political figures specialized jurisdiction of the typical system; The second category is about the inspection of the specific occupational groups, the military jurisdiction; The third category is the inspection of the specialized jurisdiction of the ancient Chinese eunuch group. We can see that the special jurisdiction of the ancient China, all is to safeguard the interests of the privileged classes, in addition to safeguard the military dictatorship, the legal subordination of religion, or to maintain their privileges and ethnic inequalities inherent characteristics. It can be said that the ancient Chinese special jurisdiction sets in two ways: One is to raise the level of the specific identity of some groups to show caution. Another is dedicated by its terms of reference to the jurisdiction of some specific criminal cases, just as the military's jurisdiction and the jurisdiction of Eunuchs.The fourth part expounds illegal responsibility. To protect the implementation of jurisdiction, the ancient legal system has made a certain division of jurisdiction and judicial scope. And the officials in violation of the jurisdiction were to be blame. The whole includes three classes: First is the violation of the jurisdiction level, the judicial officials who violated should bear the legal responsibility. Second is the legal responsibility of the violation of geographical jurisdiction. Third is the legal responsibility in violation of the special jurisdiction.The fifth Part is the implementation of ancient Chinese jurisdiction system. The author analyzes some selected and representative cases, and makes some research on the implementation of ancient Chinese jurisdiction system. First, it analyses the implementation of some legal cases, such as the legal cases about jurisdiction level, geographical jurisdiction and the special jurisdiction. Then it analyses the implementation of some illegal cases, including the cases failed to comply with the jurisdiction level and geographical jurisdiction and the cases that undermines the rule of law.The sixth Part is the assessment on the factors that affect jurisdiction effectiveness. There are many factors. Combine with some actual cases, I only analyses two major factors : the feudal imperial power and the law enforcement of officials. The feudal rule of law restricts the feudal imperial power sometimes. And some other time, the imperial power interferes in the legal system of feudalism. Meanwhile, the official enforcement of law also affected the effectiveness of the legal system.The seventh part is conclusion. The author believes that the purpose of studying history lies more in the gaining of a better understanding and thinking of the practical issues. The feudal autocratic monarchy is totally different with our modern country. But in today's legal system construction and regulation, we can at least get some inspiration from the experiences and lessons of the ancient regime and its implementation.