Research On The Legal System Of Death Penalty Review Of Ancient China

The death penalty review system of ancient Chinese is one vital component of the criminal system with Chinese characteristics. It is one of outstanding heritages of Chinese litigation culture. To a large extent, our current death penalty review system is mainly originated from ancient China's death penalty review system with the same strain of ancient Chinese death penalty review system. Since the penalty appeared in ancient times, it has undergone stages of brutal, cruel to relative civilized. Correspondingly, the application of death penalty has also experienced a gradual change from abuse to restrictions. With the continuous development of ancient legal civilization, death penalty review system bored in the process gradual limited application of the death penalty. In one hand, the appearance of Death Penalty review system is caused by the need of maintaining the regime of feudal monarchy; in the other hand, it is an inevitable result of the criminal law concepts of"prudent punishment"of Confucianism. The forms of capital punishment review also gradually developed from the initial review of the emperor into comprehensive, complete and mature procedures for the death penalty review system.This paper mainly studies the evolution of death penalty review system from its creation, development and improvement, analyzes its social basis and ideological origins, and summarizes the characteristics of this system in the hope to provide useful reference for modern China's death penalty review system. This paper is divided into five parts:The first part is a brief introduction of the significance, current status and methods of the research.The second part analyzes the creation of death penalty review system in ancient China, clarifying its social basis and its ideological origins and deeply studying the social background to analyze the causes for the production of this unique legal system of litigation.The third part introduces the development of ancient China's death penalty review system in which development of the death penalty review system of Sui, Tang and Song dynasty is the main content.The fourth part studies the death penalty review system of Ming and Qing dynasties which is the maturity and perfection stage of the system in ancient China, and analyzes some specific procedures for death penalty review system of the Ming and Qing Dynasties in which the concrete content and historical evolution of court trial procedure and the autumn trial procedure are described in detail.the fifth part of the paper is a detailed summary of the death penalty review system of ancient China, analyzing the characteristics of death penalty review of ancient Chinese, pointing out its shortcomings and its excellent reasonable elements in order put forward Some rationalization proposals for the improvement of our contemporary death penalty review system.