On The Acceptance Of The Cases In Qing Dynasty

Qing dynasty is the last stage in the Feudal Society, which is the stage researched by the law field. As the legal theory developing, Procedure Act becomes more and more important and come into the field of the traditional law .The scholar has reached a high status in researching Litigation law of Qing. However, before researching the law procedure of Qing, there is a premise that the case must be admissible. About this premise, almost no one has research it specifically.As the driver of the litigation and the starting of the case, the admissible case is very important. If all kind of case can reach the procedure of trial, the admissible plays an important role. At Qing dynasty, the officer in the state accept the indictment, which is the admissible formally, however, to the truly acceptation, it lies on the comment in the indictment. Fang Zenxiang made some comments collected in"Fan Shan Pan Du". My article show the situation for the admissible case in Qing dynasty and discuss the effect replied.My article is divided into 3 parts. The first part tells the situation of the litigation case in Qing dynasty. There are many sources for the litigation in Qing dynasty, mainly private prosecution, report and surrender. Also, only the three ones have the problem if it can be acceptable. When meeting private prosecution, the one usually need to show the indication to the officer in the state. The officer made the comment according to the detail. For the indication, the officer can comment as accepting, not accepting, handling after mediation, handling after surveying and directly judgment. Among them, only the acceptable case can come into the trial procedure, it is unknown if it can be acceptable for handling after mediation and handling after surveying, which is on the development of the case. It must not reach the trial procedure for the unacceptable one. It means the end of the case to the direct trialed case.Through researching the admissible situation for civil case and criminal case, it really shows the situation. In the book, among total 285pcs of civil case and criminal case, only 1/3 can be admissible while also 1/3 can't be admissible.The second part analyzes the factors which affect the admissible case according to the comment of the unacceptable. There are a lot of factors affecting the admissible case.The base condition is that the indication is consistent with the law. The law has required the format, including the other factors like evidence, time and application of the main.Even the indication being consistent with the law, it is still affected if the case can be admissible by the factors below: First, the officer must have the power for the state and have some power for some level. If breaching the rule of power, the officer will be punished. Second, the one's indication must consistent with the law. Third, considering the social harmfulness of the case, the officer usually doesn't accept the small harmful case. Forth, if the one often indicts, the officer usually doesn't accept. Fifth, it is also important if the description is understandable. All the factors affect the admissible case.The last part discusses the conception in the officer's mind----let the case calm down. Only 30-40% of case can reach the end. One important factor is that the officer would like to let the case calm down. The thinking is the pursuit in the feudal society which is very deep-rooted in the officer's mind. For the pursuit, the officers always use many kind of ways to lat the case calm down.In this step, the government always uses four ways as below: (1)The not admissible. The officer makes"the indication is not exact as the rule". For the civil case and harmless case, the officer always tried their best to prevent or directly refused. (2)Mediation. Mediation is one of the most important ways to resolve the disputes, which have mandatory and priority. The ones can mediate with each other or can be mediated by officer and so on. (3)Preaching. The officer preached the people like parents preaching their children. Then, let them decide if they will go on appealing or not. (4)Punishing Lawyer. The lawyer is thought as ruining the rule. The officers are very tired of them and always reduce the indication by punishing the lawyer, even remove their title.