Research On Torture Instruments In The Judicial Activities Of Ming Dynasty

The torture instruments play an important role in ancient China,meanwhile, they were the tool of the class to oppression and social control. Making a depth study of ancient torture instruments management system,which helps to understand the traditional Chinese legal concept deeply, reveals the essence of dynastic rule. And then an exploration of ancient social characteristids to a certain range will be made.The torture instruments of Ming dynasty were inherited the penal system of past dynasties,then it formed a strict system gradually by making some changes and developments, then the strict system had a profound influence on the devices of Qing dynasty. Currently,the researching for he devices of Ming dynasty is still in the intial stage in academia,so a depth study is necessarily no matter in the amount of works or the quality of works.This paper is divided into five parts:The first part,making the reason of topic selection clearly and combing the present situation of the researching in this aspect, meanwhile,giving the concept definitinons of "torture instruments"and "judicial activities"The second part,summing up the history of the torture instruments in Ming dynasty. It is recorded,the usage and management of the torture instruments were being regulated from the pre-Qin days to Yuan dynasty.Therefore,a long and gradual development process was be experienced by the torture instruments system.The third part,exploring the types and management of the torture instruments in Ming dynasty.On one hand,willing the devices divided into there categories that are torture,detention,and the penalty,then doing testual researching more than 40 torture instruments in Ming dynasty.On the other hand,making an investigation on the source and maintenance of devices in Ming dynasty,and introducing the punishment implements of women criminals in Ming dynasty especially.The forth part,exploring the using regulation of the legal text to the punishment implements,meanwile,investigating the using situation of devices in judicial practice of the judicial authorities at all levels.The fifth part,investigating the punishment concept of people in Ming dynasty,and analysing the social soil of produce devices and torture through the angle of Chinese society and culture of law.