Research On Duty Crime Investigation In Ming Dynasty

Ming Dynasty is a special dynasty in the history of our country, its existence lastednearly three hundred years, in terms of legal or political aspects are very typical and special.At the same time, it inherits the tradition of the Chinese Legal System, like a link betweenpast and future. Against corruption, is a work of the Chinese dynasties of rulers can not beavoided, and is a state policy uninterrupted in Ming Dynasty. Punishment of corruptiondepends on the duty crimes investigation, to both punishment and prevention is the goal ofduty crime investigation. This article is based on the study of the relevant provisions of theMing Dynasty legislation, combined with the anti-corruption policies and anti-corruptioneffect of the different periods of the Ming Dynasty. This paper emphasizes on the guidingideology, the investigation jurisdiction, withdrawal, investigation procedures, investigativemeasures and methods of duty crime investigation in Ming Dynasty. Then the characteristicsof the work of the Ming Dynasty duty crime investigation are summed up, to gain guidanceand reference for current duty crime investigation work.The first part of the article is an overview of the Ming Dynasty duty crimes investigation.First, the profiles of the Ming Dynasty official duty crimes will be introduced. Because theearly Ming Dynasty adherence to “Governing the unstable country with severe laws”, and theother is the lack of economic development, official duty crime is better containment. In themiddle and later period of Ming Dynasty, with the strong development of commodityeconomy, coupled with the emperor’s connivance, affairs of country disturbed by eunuchs andso on, the official’s duty crime situation is becoming increasingly severe. Then the guidelinesof the Ming Dynasty duty crimes investigation will be discussed. The Ming Dynasty based onthe above violent revolution, the economic damaged, people’s livelihood difficult, there weremany troubles in this country. Zhu Yuanzhang has his own unique psychological andideological because of his unique experience. The Ming Dynasty under the leadership of ZhuYuanzhang, has been established in the high centralization of authority from the beginning. Inthis context,“Officials Management by Severe Laws” and “Strict Punishment for Ethics” hasbeen put forward, and they are the standard to the duty crime investigation work in MingDynasty.The second part introduces the investigation of duty crime investigation object, which is related to the duty crime legislation. The duty crime of Ming Dynasty can be divided intogeneral official bribery, dereliction of duty crime, crime of abusing his right, in additionprovides specialized judicial official duty crime. And it follows the idea of “OfficialsManagement by Severe Laws” and “Strict Punishment for Ethics”, in the legislation to thecrime adopts the harsh punishment. In addition to the discretion of the crime, crimescommitted strict distinction between public crime and private crime, not redeem free of thedeath penalty and redeemed from the death penalty, and because of differences of position inthe different sentence.The third part is a system and method of the Ming Dynasty Crimes Investigation. Thissection is one of the papers the most important part, focuses on the investigative jurisdiction,evading detection, investigation procedures and a variety of investigative methods andmeasures. In the Ming Dynasty, investigative powers were given to many investigation organs.The investigation organs use a variety of methods, including Interrogation, investigation visit,inquest and examination, and take the arrest, detention, and the investigative compulsorymeasures, of investigation of the case. After several procedures of duty crime investigation, aspreliminary investigation, impeachment, investigation and reported, investigators will decidewhether to transfer the case to the trial.The fourth section summarizes the characteristics of the Ming Dynasty CrimesInvestigation, and comments on the investigation of the effect. Vigorously promoting theofficial duty crime investigation work can be seen the determination of anti-corruption. Onone hand, such a severe law certainly played a deterrent to government officials, but going toofar is as bad as not going far enough. The investigation organs expansion makes theinvestigation power flood, however, the effect is not very good, and torture abuse is the defectof investigation, imperial supremacy and ignoring the law that is difficult to fit with modernconcept of the rule of law. On the other hand, using the strategy, encouraging the masses, andpaying attention to investigation against should be valued.The fifth part is the last part of the paper. This section summarizes the contents of theprevious, summarized and proposed a reference and inspiration for the investigation of crimescommitted by the Ming Dynasty Crimes Investigation. Ming Dynasty in the legislationprovides for severe penalties for official duty crimes. Crimes Investigation of the MingDynasty in the highly centralized context has its unique characteristics. These characteristicsalso give us a lot of experience and lessons, the pursuit of the substantive justice is inseparable from the procedure justice, secret investigation measures should be appliedappropriately, treatment of duty crime will not tolerate, so this way can make duty crimeinvestigation have a better result.