On The Local Justice System In The Qing Dynasty

Qing dynasty is the last feudal dynasty in China, and also is the second feudal concentrating power dynasty established by the ethnic minority. Holding the system of Ming dynasty, developing sovereign autocracy of height concentrating power. In central government, the centralization of state power is to emperor. In local government, power is to the local magistrates. The legal system under an autocracy of height concentrating power in Qing dynasty have great achievement.Since the fact that the local government administration and judicature function are merged, the state government have the function for judical domination. Primary government official take the trial by himself. And private secretary, clerks, government runners, personal servants do their own jobs. The Chinese ancient criminal trial is characterized by "centralization of power" and "non-professional". Because law knowledge for officials are in a low level at large, these people work in local government only have the greedy for extortion and corruption, and the lawyers can not have suitable society position. Common people do not hope to fall into litigation. So reaction of local justice under the feudal autocracy in Qing dynasty is a problem can't be overcomed in feudal society.Through talking about the process of justice and judgement structure in local government, I try to find out the reasons for reaction of local justice under the feudal autocracy in Qing dynasty. The first part of this text is about the trial programme. It is emphasized on the process of trial, including litigation be taken on, government receive it, judgement and take the lawsuit conclusion. The second part of this text introduces justice structure, includeing responsibility of government offcials, private secretaries, clerks, government runners, personal servants. Through it, we can know about the state government play the role in state justice. The third part emphasizes on those drawbacks of this trial system. In the malajustment of trial under high centralization of power, there are state offcials' low law ability, the people work in local government have great power. So, for private secretaries,clerks,governmentrunners, personal servants, it is easy to corrupt in the coursing of judgement. The policy of give up lawsuit and the low society position of lawyers take the whole society have bad impression on lawsuit. These show that, traditional society be built under regime of autarchy can not accepted the whole content of feudal legal system.