The Research Of Counties Judicial Drawbacks In Qing Dynasty

In this paper, the"GuanZhen"as a perspective, to describe all the flaws that exist in the judicial practice in Counties, and to analyze its causes, and then find out the way of control from the "GuanZhen"."GuanZhen"is a class of books collectively known mainly spread in ancient China officialdom is primarily aimed at the official rules, as well as the guidance of officials of self-cultivation of the emperor, minister, a border province, state officials, etc.,"GuanZhen" from the Wei, Jin, Song, Yuan, Ming and Qing dynasties are still emerging, the impact of the depth of outreach as can be seen, a veritable of officialdom guide and official unspoken rules. Currently the seen Guanzhen in material to the Ming and Qing, especially in the Qing Dynasty is the most abundant. A large number of states, the writings of the county officials, state and county officials in charge of a judicial power directly in the Qing Dynasty, drawbacks exist in the counties in the judicial practice has a more immediate and intuitive feelings, and rise to the theory Height, writings into the "GuanZhen" book, to the Qing Dynasty "GuanZhen" perspective to study the shortcomings of the judicial practice in the counties, the conclusions will be more profound and powerful.The first part is an introduction introduces the concept of "GuanZhen", domestic Guanzhen in the literature review, Finally, the author described the significance of this study:the unique perspective of the officer Proverbs, intuitive and clear reflection of the administration of justice in Counties the drawbacks. Finally, the official of Proverbs content and History. Guanzhen in the material I collected, the contents of the "GuanZhen" consists mainly of two categories:one for to exhort official when the nature of the caring, honest and upright (different from the empty political preaching, but their own experiences, both positive and negative negative karma:); for guidance to the beginning of the official political experience, collecting money and grain, and asked the management of Legal Advisors (veteran novice guide, Quick Start:both positive and negative, will deal with the Chief well-organized, how to play it safe, to cope with the higher level, at his colleagues, to prevent subordinates);Today we can see a simple list of "GuanZhen", and do a simple classification of different authorship "GuanZhen", and further information on the different purposes of an "GuanZhen". In this section, highlighting the main historical sources-an official of the Qing Dynasty Proverbs. Qing Dynasty "GuanZhen" directly extract the contents of the previous summary and innovation of the Qing Dynasty. Clarify the impact of the Ming Dynasty "GuanZhen" Proverbs in the Qing Dynasty official, further proof of the "GuanZhen" in official circles has great influence and usefulness.The second part introduces the Qing Dynasty counties judicial structures, and the counties the judicial process in the Qing Dynasty. Mainly in Counties justice officers, the officers in the division of positions in the judicial process. And to take care of themselves legal cases and major cases for the two lines, two different cases the judicial process, and described the significance of the "GuanZhen" views on the handling of these cases, experience and guidance.The third part of the main content for the description of the defects of the judicial practice in the state, county. Mainly expose the Qing Dynasty state, county clerks, runners, long with these grass-roots of the staff (or called Various Opinions on Clerk, Xu served) How deceived officials colluding with each other, in the case acceptance, inspection, forensics, subpoena, detention, torture, The trial and execution of these judicial aspects of favoritism, resulting in a large number of drawbacks.Followed by the author of the material in the "GuanZhen", summarizes and analyzes the "GuanZhen" view of these shortcomings and proposed solutions.The fourth part is the analysis of the causes of the shortcomings in the judicial practice in the counties. Which combines the analysis in the "GuanZhen". However, due to the status of the environment of the Qing Dynasty officials, as well as the magistrates to decide the limitations of the "GuanZhen" problem analysis; from the surface reason to sum up not dig deeper into the potential causes. I try from the officers and officials were to start from a system perspective on these surfaces causes the further analysis.The fifth part of the conclusion of the Qing Dynasty "GuanZhen" reflect judicial drawbacks, and further elaborated to "GuanZhen" perspective to study the significance of the Qing Dynasty counties judicial drawbacks:Today, we use the dialectics of Marxism "GuanZhen" essence still worthy of our study is positive and clean government in China today, the content does have certain reference.