On The Intervening Litigation Of Scholars In The Qing Dynasty Judicial Proceedings

Scholars are specific elite groups in ancient China, which refers to those readerwho have fame but no official position, specifically including military scholars,provincial scholars,tribute scholars, students of the Imperial College and the civil andmilitary scholars. Under certain conditions, the scholars can turn into the official,government officials. Therefore, it can be said that scholars are the reserve army ofancient Chinese official. Based on the special status of the scholars, scholars havesome special rights compared with ordinary people. Some scholars also tend to abusethe special rights to intervene the judicial proceedings, and prejudice the normaljudicial order. The paper is divided into five chapters:Chapter1: Definition of the intervening litigation of scholars. This chapter ismainly for the definition of the intervening litigation of scholars, elaborates theconcept and extensions of scholars and gives the definition of intervening litigationof scholars under the framework of the paper. In this paper, we argues that theintervening litigation of scholars is a kind of behaviour that scholar who has noor should has no interest in the case obstructs the justice by using their status andabilities. The intervening litigation of scholars consists of things don’t do ityourself and excessive prosecution.Chapter2: The ways of the the intervening litigation of scholars. There area variety of forms of the intervening litigation of scholars, in this paper, wepropose six typical ways of the intervening litigation of scholars, solicitingaction, champerty, endless litigation, emotional control, pinch to grace Kilimanjaroand steal county handle. Every methods differs from each other, but the principle isthe same. Regardless of which method, either consider the things are no concern ofsomeone, or make things up and deliberately making troubles. They are allobstruction of justice in substance.Chapter3: The restrictions of the intervening litigation of scholars Qing Dynasty.Since the Northern Song Dynasty, the government prohibits the intervening litigationof scholars for two reasons: first, with the guiding of "official Unbreakable", the intervening litigation of scholars may hurt the authory of jurisdiction, and thendamage the autocratic monarchy; second, confucian thoughts were the mainstream ofthoughts. In the field of justice, the non-litigation is made as their highest goal byConfucian, but the intervening litigation of scholars deviate from this legislative ideal.To prevent the intervening litigation of scholars in Qing Dynasty, on the one hand, thegovernment legislated in order to prohibits the intervening litigation of scholars; onthe other hand, in many academies in all regions, prohibiting the intervening litigationof scholars were made as the regulations for learning, which the students mast follow.Chapter4: Analysis of causes for the intervening litigation of scholars. Thoughthe intervening litigation of scholars is an offence against decency and it is forbiddenby the rule of the college and the law of the country, many reasons drive scholars todo this. First in Qing Dynasty, as thereserve of ancient officials, the scholars has superiority during the judicialprocess compared to the common people. This identity should be inferred solelywhether accept cases or not. Second, scholars have qualifications for interveninglitigation. They possessed profound knowledge that conform to the writing of theindictment in ancient China and they are usually close to the officials, which createconvenient conditions for the intervening litigation. Last, scholars are always drivenby the economic interests. In Qing dynasty, with the increment of the scholars, jobsare disappearing and the survival problem emerges. Scholars can obtain enormouseconomic returns though with desperate risks.Chapter5: The consideration factors of official dealing with the interveninglitigation of scholars cases. In the judicial practice, when dealing with the interveninglitigation of scholars case, official always consider the following three factors:circumstances of the cases, bugging for forgiven and position level. Thecircumstances of the cases are the most important factors which affect the official. Ifthe scholars are repentant sincere, the official will give the chance to scholars.Position level directly affect the punish, the higher position level scholars have, themore careful punishment of official give to scholars.