On The Intervene By Intellectuals In Judgment And Local Judges’ Administration Of Justice In Qing Dynasty

In this paper, the research on intervene by intellectuals in legal proceedings, Definition ofthe concept, Analyze the reasons for such acts created, Clear intervene by intellectuals’ definition,and detailed explanation this acts.Based on the basic definition in this article, refer to the relevant provisions of the law of theSong Dynasty to the Qing Dynasty, to study the problem of the intervene by intellectuals in legalproceedings, Analysis of the causes of this behavior, as well as the reasons why the legalprohibited it. Through the analysis of the case which recorded in the judgments of Fan Shan, thecertificate of Fan Shan, and Criminal Britannica, mutatis mutandis this behavior’s Restrictiveprovisions and punishment in Qing Dynasty’s laws and regulations. Contrast to the actualprocessing of the counties of judges, and explore how the judges of Qing Dynasty handled thiscase, Analysis the reasons of the magistrates’ referee of the Qing Dynasty in such cases. Throughthe analysis of the case, to illustrate and study the judicial practice of the Qing Dynasty, and theway which local officials chose to trial those kinds of cases, and the reason why?The focus of this article is, from the provisions of the law and the actual outcome of the trialto investigate the local judges of Qing Dynasty in the cases of intervene by intellectuals in legalproceedings, to find the reasons of the actual referee results.Compared to the law, which used to judge these cases by the local judges in Qing Dynasty,and put forward two different treatments appeared in those cases, In accordance with the legalprocessing or judge with forgiveness, and find out the Mainstream approach is judge withforgiveness.Furthermore, the local judges try to seek the balance point between law-abiding andforgiveness abiding in his judgments, and While cases’ adjudicate to preserve their own safety,their own future and interests belong to them.What they pursue has a great relationship with social background, ancient Chinese judge’score value, at the same while, they try their best to find a balance in preserve their own safety and protect t he social atmosphere, this trials maybe is a reflecti on of t he ancient Chineseofficial’s wisdo m.