Research On The System Of Direct Appealing To The Emperor In Ancient China

The system of direct appealing to the emperor, which had existed for a long period of time in Ancient China, was a very important system for injustice to be relieved. It was a legitimate litigation system fixed by many Dynasties's law in Ancient China. It meant that people or his relatives who suffered injustice things could directly appeal to the emperor, while the case was serious and had no other way to appeal, in order to obtain justice.The terminology of direct appealing was not existed since ancient times.It's sumed up later, generally being used in textbooks. There were both connections and differences between direct appealing and other related concepts, like Kouhun, Capital Appeals, Appeals, Litigation beyond the normal rank, and so on. Based on comparison among different concepts of direct appealing and with other related concepts, we can clearly defined the system of direct appealing.The system of direct appealing to the emperor experienced a long process of development. The earliest written records about direct appealing appeared in "Zhouli", but its origin was earlier, from Yao and Shun Period. After the development of Qin and Han dynasties, to the Jin dynasty, established the system of Dengwengu, symbolizing the system of direct appealing was taken shape. The system of direct appealing had high-speed development in Tang and Song Dynasties. There were more forms of direct appealing, and also established special central agencies in Song Dynasty. In Ming and Qing Dynasties, there were not only various forms of direct appealing, but also more restrictive provisions on types of cases, ways of direct appealing, and so on. In the legal reform of Late Qing, Daliyuan was established, and charged all the Capital Appeals, the system of direct appealing in Acient China began to be reformed and absorbed by the new system. With the demise of the Qing Dynasty, the system of direct appealing itself disappeared.The system of direct appealing had a long history in Ancient China. Objectively speaking, it had positively influenced the society in many aspects, such as keeping the justification of judicature, relaxing the social contradictions, consummating the constitution of accusatory institution, etc. Of course, for suffering many restrictions, there were also some limitations in the system of direct appealing. Although the system of direct appealing no longer existed, the influence it produced to the society and people's ideology still exists present, and the influence was almost negative. This requires us to gradually improve China's judicial relief system, and finally build a diversified litigation-centered dispute resolution mechanism, to provide various ways for people to achieve equality and justice. At the same time, we should enhance people's legal concept, in order to guide people chose legal ways automaticly to solve disputes.