Analysis On Procedures Of Homicide Cases Of Joseon Dynasty

From the "Three Kingdoms" period of Korean peninsula, all of the laws established by the nations are important parts of Chinese legal family, regardless this area is abruption or unified."Chinesezation" is one of the basic policies of Joseon Dynasty, so the thoughts of prudent penalty system are reflected in the codes established by the Joseon Dynasty. What’s more, Joseon Dynasty is the last unified feudal country in the area, so the tradition of prudent penalty system is comprehensively inherited by Joseon Dynasty. This kind of thought is not only emboded in substantive laws, but also in the adjective laws. All kinds of homicide cases give a straightforward expression to the thoughts, it’s even more obvious than Chinese law, though Chinese law is its mother law.Qiu Guan Zhi is one of the most important law cultural heritages about code and classic cases of Joseon Dynasty’s. After analyzing the source material such as Qiu Guan Zhi, especially the homicide cases, we can find that a case may contain following procedures:examination, it is aimed at obtaining clues and evidence; inquisition by torture, it means to get clues and statement from the suspect;judge, the judicial officials find verdict according to the laws and clues; execution of punishment, the punishment is carried out after the judicial procedure, especially the banishment and death penalty. Besides, the pivotal procedures of homicide cases are fixed in other codes, such as Jing Guo Da Dian and Xu Da Dian. After reading these source materials, we can reach a conclusion that the rules played their role as expected. At the same time, there’s must be some problems as other countries in Chinese legal family.To get to the bottom of the thoughts of prudent penalty system, we can get one conclusion like this:the thoughts of prudent penalty system comes from several aspects, for one thing, traditional influence of light punishment of Korean peninsula for another, Joseon Dynasty is deeply influenced by Confucianism, in addition, this is the choice established by the ruler under the pressure of social and economic situation. So we can say that under the comprehensive function of various factors, rulers of Joseon Dynasty institute the principle while founding the nation, and the principle is insisted by following rulers.Currently, Criminal Procedure Law of the People’s Republic of China is in the course of revising; during this process, we should utilize referential experience, at the same time, we should refer to traditional sources of rule of law. Only based on realistic national conditions and learning from sages of the past, can we achieve the goal of ruleby law.