Life Cases Study From "Mengshuizhai-Cundu"

"Mengshuizhai—Cundu", into a book in the Chong Zhen years in the late Ming,then Guangzhou law officer Yan Junyan in the day of departure, the tenure handledby a fraction of the cases, archives of words and documents, followed byclassification, collected from the sentence and document album. The contents of thebook relates to the statutes (including the criminal, civil, administrative law,litigation), commercial, land system, the family, clan and other information,multiple, hierarchically records of the Ming society many economic, social activities,is the history of Ming judicial activity particularly precious literature."Mengshuizhai—Cundu" which included cases of archives of words, is theGuangzhou local justice in practice are produced in the process of practical judicialvalidity of the instrument, is the local judicial practice truly reflect."Mengshuizhai—Cundu" most of the archives of words are accompanied by higherauthorities for approval, to explore the local government to the provincial levelbetween practice judicial procedures, is praiseworthy first hand information. In thelate Ming Dynasty, because the ruler of a large number of the annexation of land,land an unprecedented focus on the tenant’s personal bondage. Plunder the rulers ofthe towns commercial and industrial feudal corvee taxes are also very the heavy taxoutside any deployed more exorbitant taxes and levies in order to meet the hugedemand of the rulers. Power struggle within the ruling group intensified extremeauthoritarian regime, coupled with frequent natural disasters, domestic silver(mobility currency) lack of party struggles, after gold rise to the Ming DynastyExternal and internal crisis-ridden, crumbling, and a sharp intensification of socialcontradictions. The evil forces are increasingly rampant, they can easily provoketrouble, disturbs social order, so that the late Ming and malignant human life casesfrequent. The evil forces are rampant and social contradictions intensify the highincidence of homicide."Union water fasting deposit slips lives types of cases contained in the various cases the number, the proportion of all penalties andcommon crime, we can understand human life class an overview of the case. Formurder, killing case is the death penalty reflects the Ming Dynasty "in troubled timeswith heavy penalties," political thought and re-weight their principles."Mengshuizhai—Cundu "life cases contained in the main types of murder,premeditated murder, negligent killing. Various sentences first according to the law,but in judgment due to various cases of differ in thousands of ways, governmentofficials met with legal provisions, the case when the discrepancy, the usualsentences. The cases and statutes shall have the same legal effect. In the draft lawconviction, some special cases can supplement and application. A country’s legalsystem, usually is by various sanctions constitute, the penalty is one of the mostsevere legal sanctions, it can not only deprives the crime person’s political power andproperty right, can also limit the freedom of the person or a period, no period tooffenders deprived of personal freedom, and even can denial of human life of crime.When, should be based on the facts of a crime, the nature of the crime, the plot andharm to society, in accordance with the relevant regulations and the principle ofsuiting punishment to crime of criminal penalty."Mengshuizhai—Cundu" life case"in “Yan Lue”(谳略), in archives of penalty are the main types of garrison, rod,“imprisonment”, death penalty. In “Jin Shen”(矜审) penalty in general for thetwisted plans to accept a foreclosure, twist/cutting to garrison, twist/cutting reform“imprisonment”. In addition, according to actual conditions of the cases, thesuspicious cases, referred to the multistage authorities repeatedly push bow, attachedto the autopsy and other key evidence, such as the existence question cannot beascertained, invoked to doubtful cases changed to light punishment, not indulgecriminals, it is dubious concept reflected light, embodies the thought of cautiouspunishment. On the subject of crime is to the oldest old or young, such as youngchildren, or mutilation, or regarded as hopeless., quoted about the old cases dealtwith leniently, to a certain extent, embodies the spirit of humanitarianism.Through the "Mengshuizhai—Cundu" life kind of case study, we can see, at theend of Ming Dynasty and local judicial practice according to the nature of the case,Yan Junyan is different, different factual investigation principles. Fact finding process, confession, circumstantial evidence and autopsy findings and the identity ofspecific circumstances in life, such cases plays a different role to prove the facts. Inthe application of law in the process of solving cases, such cases are usually basedon case life circumstances, the application of rational analysis and practiceexperience, flexible and applicable law article, as a supplement to case law, in thejudicial practice plays an important role in. Judicial officer can also be in accordancewith the law applicable statutes, determine the punishment basis, according to thespecific circumstances of the case, in the law article prescribes penalties asadditional outside execution or the pillory."Mengshuizhai—Cundu" included in caseof archives of words, is the effective instrument, but,"Mengshuizhai—Cundu"archives of words are accompanied by higher authority approval, reflect the localgovernment level to the provincial practice judicial procedure between multilevelorganization operating, embodiment of cautious penalty punishment, shirt purpose.In each dynasty penalty function are generally assume stage, after the gradual decay.In order to social stability, rulers sought to "prudent penalty"," pities punishment" toreduce social conflicts, thereby stabilizing the society.