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The Study Of The Relationship Between Ming’s Examination And Judicature

Posted on:2013-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:J H CaoFull Text:PDF
GTID:2246330371477159Subject:Legal history
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China’s imperial exam system reached its pinnacle in Ming dynasty. Back then, the system had inherited many features of preceding systems since Sui dynasty,and also improved with new ones. The notion,"the capable in office, the country in steam", was dominating in the Ming ruling class. Under it, the regime set up a three-tier exam system which sit on top of the schooling system. The exam subjects and its requirements were better in line with the rulers’ values. So Ming dynasty is when China’s imperial exam system matures.In Ming dynasty, Confucianism was the leading doctrine. It can be felt throughout the exam system, from the schooling to the admission policy. Therefore, Confucianism was ingrained in the mind of the officials who emerged from the system. To some extent, they bundled into a club under Confucianism. Their belief on the doctrine would surely affect their judgement on some trials. Discretionary ruling was the typical result of the influence. This also shows the exam system helped to Confucianise the judicial system.The exam system also affects the administration in Ming judge. First, the Ming empire only emphasized tests on literature, history and politics, while abolished the test on law. That’s why judicial officials of Ming dynasty had very poor professionalism. Second, the system contributed to honest administration. The central role of Confucianism in the whole system should be credited for the honesty, because "governed by men", as was advocated in the doctrine, required fairly wise personnel choice. Schools were very attending to education on honest administration, teaching students to uphold virtue if in office, to care and improve people’s well-being, and to be disciplined and keep their noses clean. This kind of education can be seen as the moral adrenaline, leading to the "honest administraion" effect and officials’ great morality. The end, the system resulted in a dual administrative system, in which officials and their underlings diverged in belief and action. The exam system regarded officials’ political professionalism more than their actual practice, leading to the dual system, because their underlings usually practise out officials’ political visions. Consequently, the underlings in local authorities increased rapidly in number and power. They started to usurp the authority of their seniors, and became surprisingly corrupt.The exam system also helped to strengthen the law enforcement in Ming dynasty. As an important way of picking officials, the exam had immense social impact. It affected not only the exam attendees, but also the broader intellectuals and their families via schooling and the feudal patriarch system. Ming laws were based on Confucianism, and highlighted the social hierarchy central to Confucianism. Since the laws were a reflection of the Confucianism, they had wide public support, which in turn contributed to their enforcement. The doctrine inherent in the legal system make the law more acceptable, convincing and effective.In all, the exam system of Ming dynasty influenced the Ming judicature. The influence was mixed. The upside of the system lay with the "honest administration" and the social contract it helped to build to ensure law enforcement. The downside was that it only kept the tests on literature, history and politics, leading to poor professionalism among judicial officials. So the system was more than a tool of selecting right people for government posts.
Keywords/Search Tags:examination, Confucian, judicature
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