Research"San Si Hui Shen" Institution Operation Of Ming Dynasty

Abstract "Hui Shen"Institution of Ming Dynasty played an important role in the system of Joint trial system in Ming system.It is also bright characteristic content of law history in Ming Dynasty. Difficult Cases、special Important case and death sentence case must be reported to the central judiciary, the judiciary by the central common hearing, the final report to the emperor by the emperor ruling.The Trial System includes a joint hearing of the Third Division round trial, toward the trial heat trial and a large trial, the joint hearing of the Third Division is the basic form of the Trial System, other triage forms are developed on the basis of the joint hearing by the three Secretaries of the formation. It can be said that the joint trial of three Division is a typical Trial System in the Ming Dynasty. In fact, as early as in the Western Zhou Dynasty,"three barbed" system, to the Sui and Tang dynasties, the formation of the Third Division Judge system. Song and Yuan dynasties no cases of the Third Division Judge ". To the Ming Dynasty and restore the old system of the Tang and Song, set up the supreme court. Central judicial organ of the Ming Dynasty is the Board of Punishments, the supreme court, court of censors, collectively known as "the three methods Secretary. The founding emperor Zhu Yuanzhang attaches great importance to the administration of justice, on the basis of the Tang and Song judicial system, the officer will review the trial mode on the major problems in death penalty cases to trial, the formation of a unique set of Ming Dynasty Trial System. In case of the capital’s major cases, under Zhao Ming emperor is the three methods the Secretary in conjunction with the trial, known as the "three-Secretary joint hearing. Emperor centralization and trial supervision Third Division Trial System, which the emperor centralization is the root cause. Ming Dynasty Trial System concept of both broad and narrow. Broad triage system is based on the three Secretaries of triage based on the development of the formation of the general term for a variety of triage forms:three Secretaries of triage trial round, towards the trial, the trial and the thermal trial. The narrow sense of the Ming Dynasty Trial System refers to the joint trial of three Secretaries of Departments. In the joint trial of three Secretaries of three departments "refers to the three central judicial organ of the Board of Punishments, the supreme court and court of censors. The jurisdiction of the Ming Dynasty, the trial can be based on the severity of the crime and identity into two categories:one is under the jurisdiction of the case; identity under the jurisdiction of The jurisdiction of the joint hearing of the Third Division sentenced to only the major cases of more severe punishment in the flow. At the trial level, can be the first instance can also be a second instance and three trial. The joint hearing of the adjudication of cases, three Division attaches great importance to the evidence and evade the issue. In the proceedings include:the choice of location of the interrogation, the joint trial,"discussion","intend,""reference language". Trial System in the Ming Dynasty running thinking mainly in three aspects, the autocracy ideas and shirt punishment, be careful criminal thinking. Finally, the Trial System in the Ming Dynasty made the evaluation, in order to inspire our judicial trial system.