The Research On Yushitai's Judicial Functions In Tang Dynasty

Yushi system in China is one of the most idiomatical contributions for the Civilization of the World on culture. Further more, Yushi system developed rapidly during the Tang Dynasty. As a characteristic part of Tang Dynasty's bureaucrat system, It is a mature and typical one in the history of the organization mode of censorate which based on experience of the preceding dynasties and finally had some innovation and development. One Censorate and Three Division that inherited from the preceding dynasties and handed down to the descendant dynasties was organized with unity and divided by explicit particular responsibility. The supervision scope was extensive, involving political, economic, judicatory and military affairs. Yushi system in Tang Dynasty has a profound and lasting impact, for its unique and sophisticated legal concepts and principle of operation.Yushi system is rich in characteristic features among the traditional Chinese legal systems, owing to its unique and sophisticated legal concepts and principle of operation, it shows the profound and lasting impact. Besides, it also plays an important role in maintaining autocratic monarchy, the normal activities of Local Administration and the protection of national etc.This article is divided into four parts, the first part, described the establishment and the origin of Yushi system in Tang Dynasty. The earliest Officer of Yushitai can be dated back to Shang and Zhou dynasties, Qin and Han to Northern and Southern Dynasties, which was the initial establishment stage of Yushi system, and at this time an independent and specialized regulatory body had been basically formed. The Yushi system consummated continually in Sui and Tang dynasties, in particular, it is necessary to point out that it was in the Tang Dynasty when Yushi system reached the extreme stage of development. At that time, the important changes in the Tang Dynasty occurred; Yushi system sets up sub-tour and sub-review systems and both were given the jurisdiction power and powers of a wider range than the former, which became a model for Yushi system of future generations.The second part is the main body of the article as well as the main outlines of judicial functions of the Yushitai in Tang Dynasty, I stated three main functions.First, impeachment, which is about the judicial functions of the Yushitai in Tang Dynasty, when it comes to impeachment, I have to mention that it is illegal and to report misconduct and punishment of officials. The range of impeachment of Tang was very wide, the officials from the central government and the common people, State and County officials of all levels can be impeached; internal and external civil and military officials, including even the relatives of the emperor, whether high or low rank, can be impeached; The main methods of impeachment is revealing the seal which means face-to-face impeachment and enveloping the seal generally described as paper impeachment. For the officials above the fifth rank, most of them chose face-to-face impeachment which would reveal the authoritative power of emperor when officials read the impeachment content in public. In fact, it was in order to shock and deter the officials. Paper impeachment was the most common way of impeachment, that content and reasons will be written down, and sealed and then presented to the majesty emperor. Because of the strong confidentiality, it would reduce the production of a number of acts of retaliation, to a certain extent; it can not only protect the personal safety of censor officials, but also can be more conducive to fully play the functions of the sensors.Second, besides the monitoring impeachment right of Yushitai, the biggest feature was that they were also given jurisdiction over the monitoring body and the combination of judicial jurisdiction in Tang Dynasty. Yushitai in Tang Dynasty set up three- chamber system, the organization won its judicial power through estimating crimes. There were several ways for the organization attending judicial trial, like inquest independently and judged by Three Division. Interrogating prisoners was the normal duty of Yushitai prison officials, and in many occasions they had to question defendants directly, in which case, to those cases involving with the imperial family or senior officials, the executive would be directly involved in the case of the trial process. In addition to independently judge, It had another important way of judging crimes: it is Judicature by Three Division, which was a relatively fixed form of justice. When encountered important or difficult cases, they would use this approach.In addition, Yushi system in Tang Dynasty was relatively more comprehensive, in particular the formation of judicial legislative, administrative and supervisory organs of the multi-position full-time supervision of the local and central multi-level supervision of the local judicial activities. Yushitai in Tang Dynasty had oversight responsibility for monitoring the judiciary, mainly refered to oversee the Supreme Court and the Board of Punishments, and some parts of the administration of justice activities, and monitor the implementation of the law, this part focused on the supervision of the central and local government officials situation.The third part stresses the influential factors of Yushitai in Tang Dynasty, main factors are as follows: First of all, it was dependent on the imperial power. Secondly, whether the Yushi system could be effectively carried out was largely related to social and political situation, also executive power factors can affect the implement of its judicial functions.The fourth part is a summary of the characteristics of Yushi system in Tang Dynasty, there are main points followed: the selection criteria was more strictly, and the law expressly provided support for a variety of selection from the Yushi system, compared with the previous it reflected a certain kind of innovation, which ensured the censors to implement functions efficiently from the root; the censors were given more extensive powers etc.Finally, in conclusion, I still emphasize that Yushitai was given more extensive powers, particularly the judicial power in Tang Dynasty, which further demonstrates that it was not only a pure supervisory organization, but also a multi-dimensional organizations with judicial power.