On The Trial Of County Magistrates In Qing Dynasty

Most of the traditional elements developed into a mature stage in Qing Dynasty. These elements affect all aspects of social life. The multiplex traditional elements have varying degree manifestation in Qing Dynasty's judicial movement, thus, considering Qing Dynasty lawsuit system can demonstrate the feudal society comprehensively. The county magistrates are the primary judicial officials, who can understand the social life and all the traditional elements by hearing cases in the trial. There are a lot of factors affecting the trial of cases.The trial plays an important part in the entire lawsuit process for deciding the trial result. The county magistrates' knowledge structures, way of thinking and judicial consciousness are reflected in lawsuit process, that would influence the trial result and the litigants. Qing magistrates left massive verdicts through proceedings of trying cases, such as Fan Zengxiang's "Fan Shan Pan Du", which was regarded as "the trial necessary" at that time. The paper author chose "Fan Shan Pan Du" as the research object, trying to show the multiplex elements in trying cases and discusses the legal awareness.My article is divided into three parts. The first part outlines the court cases. The county magistrates receive cases through private prosecution, report and surrender. Qing county magistrate's knowledge determines the cases' quality and standards. Most of the county magistrates enter the official career through serious examination, and the others obtain the government position by contributing money. Meanwhile, the county magistrates in Qing Dynasty have many responsibilities, and the trial of cases is very important, so they must have rich legal knowledge.Local cases are submitted in the days of sue. The county magistrates make the comment according to the detail. For indication, the county magistrates can comment as accepting or not accepting. The county magistrates need to write court verdict during the judicial process. Qing verdict is aplenty, including not only a wealth of personal judgments album on file, but also a large number of judgments in the material. Verdict in the case plays an important role. Fan Zengxiang's verdict is on behalf of the achievements of Qing Dynasty.The second part analyzes the reasons of the county magistrates' trial. Firstly, the county magistrates hear a case in accordance with "reasonable", including the objective circumstances, human nature, daily sense and human relations in "Fan Shan Pan Du". Secondly, the county magistrates choose the "ceremony" as one judicial reason, which is mainly manifested in law case's trying in the marriage dispute, family relationships and intellectual people in "Fan Shan Pan Du". Thirdly, the county magistrates hear the cases in accordance with the law, which should be seen as the main basis for trial, but there are only a few cases in "Fan Shan Pan Du" quote the law, such as procedural issue, women's remarriage and other issues. Finally, there are a variety of complex habits in the long history, which are important in the county magistrates' court proceedings. The habits are developed for a long time. The farmers should follow the farming time to plant and harvest. A big family work out some rules for all members to abide by. But bad habits are denied by the county magistrates.The last part discusses the conception in the county magistrate's mind----parent officials. The thinking is the pursuit in the feudal society which is very deep-rooted in the county magistrates's mind. For the pursuit, the county magistrates always use all kind of ways to try a case. The county magistrates are the head of primary-level organizations. They are known as "parents of the people" for the county magistrate's compassionate, educating people and adjustment with the help of others.