The Criminal Ordinance Of Ming Dynasty

Legal form is mixed with the early Ming, in addition to existing Patent Law, order, cases, annunciation, until the late Ming Dynasty rulers abolished Patent, orders, cases, annunciation, leaving only the Law, edited style that makes attribution of legal form harmonization and simplification. Why unattended cases and statutes, eds, descendants worth pondering, legal scholar Yang Yi-fan said:"The legislation of the Ming Dynasty, is difficult to seek their true homes patients, while the law of the late Ming Dynasty, first of all should be clear," asked the Criminal Ordinance". "To this end, in order to in-depth, detailed legislation of the Ming Dynasty, it is necessary to" ask Penalties Act, "a study. This article on the "Question of Penalties Act," the research is divided into four parts:the first part the Ming Dynasty, "asked the Criminal Ordinance" in. History on cases to analyze Ming Ming history Ordinance, and three representative "asked Punishment Ordinance" of the revision process were described to help understand the reasons for enactment of the Bill Ming, background, by focusing of the three "Q Penalties Act" comparison shows that the three legislative technical regulations as well as specific cases of the process system. The second part described the Ming Dynasty, "asked the Criminal Ordinance" of the main content. Modern legal system through the classification method to classify the content of the regulations, order, and thus contribute to a better understanding of the regulation as a secondary law is how the legal way of specific secondary laws. The third part of the law, cases were compared and analyzed. This part of the degree of punishment by statutes, decrees and legislative technologies, so as you can clearly see the advantages and disadvantages of regulations, and statutes of the relationship between the degree. The fourth part is the Ming Dynasty, "asked the Criminal Ordinance" evaluation. Specific causes of the cases, the nature, function, and causes of malpractice cases were related to evaluation. Conclusion part of the draw the conclusion that the Ordinance is consistent with the historical development of the production needs of its legal system in the Ming Dynasty also played a pivotal role. One style will be the compilation of statutes and the stability of the law and regulations skillfully combine the flexibility of both the law can guarantee as a "country ceremony," the authority and stability, but also make the law to the times and changes in social development can be effectively implemented. However, everything is perfect, there are many legislative regulations because of technical defects, will inevitably bring about justice, law enforcement on the drawbacks, how to overcome and avoid the shortcomings of it, play it "auxiliary discipline" positive role Ming legal practice to observe an important issue.