The Study Of Comments Of The Ming Scholar-officials About The Judicial Intervention From Dong Chang Xi Chang And Neihang Chang

Dong Chang was the first “Chang” set in Ming Dynasty, and then Xi Chang andNeihang Chang were set up, but they did not exist for a long period, while the DongChang was conserved until the extinction of Ming Dynasty. All these “chang” areruled by eunuchs and the aim of setting up the “chang” is to implement the secretinspecting task, and investigate the special case. But gradually the “chang“began tointervene with the national judicial case. the Scholar-officials was an importantpolitical group which has lots of comments about the judicial interpretation from thethree “changs”. This thesis is trying to collect and analyze theScholar-officials‘comments on the judicial case which was executed by DongChang,Xi Chang and Neihang Chang, and to study the Scholar-officials’ point of view aboutthe three “changs”. Although there are some academic study on this topic, but almostall of the existing achievement discuss the concrete methods and the influences ofthree “changes” on how they to intervening with the judicial interpretation.Dong Chang, Xi Chang, Neihang Chang usually intervened with the judicialcases by accepting the lawsuits, implementing the investigation, intervening with theprison administration. Most of the Scholar-officials with firm traditional thought whoalways try to protest the administration of Ming Dynasty fierce criticized the three“changs” for their intervention with judicial interpretation. They thought that the“changes” always made the wrong judicial decision which made many people sentinto the prison or sentenced to death wrongly, argued that the “chang“investigated thecase ignoring the rules which seriously threaten the social peace, commented that the“changes” intervened the prison administration which caused the execution of theprivate punishment. They pointed out that the judicial intervention from the “chang”destroyed the traditional judicial administration system charged by Three-law JudicialAdministration, and influenced the social stabilization. Therefore, theScholar-officials advised the judiciary should be turned over to Three-law JudicialAdministration. Although there are still some scholar-bureaurats expressing theirapproval for the intervention such as the judicial investigation from the “changes”,most of the Scholar-officials criticized such judicial intervention by the “chang”.