A Study On Lawsuit Withdrawal System In The Ming Dynasty

Ancient Chinese litigation avoidance system has a long history, has a long history, about sprouted in the Eastern Han Dynasty, it was officially formed in the Sui and Tang Dynasties, after the song and Yuan Dynasties, Ming and Qing Dynasties to mature. The system of the lawsuit avoidance in the Ming Dynasty followed the former, inherited and had the innovation. With the gradual perfection of the judicial system, the small and large prisons are being paid more and more attention by the imperial court, which provides the premise for the generation of the litigation avoidance system in the Ming Dynasty.The litigation avoidance system is essentially different from the previous, native place avoidance avoidance, avoidance of imperial relatives. This system is mainly in order to avoid official favoritism, in order to achieve the purpose of cleaning up government.The litigation avoidance system including origin, avoid hearing avoidance, avoidance and supervision to avoid other relatives. At the same time, it points out the special case of the avoidance system, and analyzes the influence of the system to the judicial system at that time.Ming litigation avoidance system mainly include personnel to be avoided extensive, covering almost all officials; avoid the multiplicity of causes, mainly is the close relationship between avoidance, avoidance avoidance origin relations and other relationships; evade responsibility clear, provisions should be made to avoid without avoidance officials bear the corresponding responsibility.The former generation of the litigation avoidance system of the Ming Dynasty played a major role in the development of the litigation avoidance system in the Qing Dynasty.To prevent officials favoritism, arbitrariness, prompting them to handle cases impartially and self-discipline has played a positive role. At the same time, it also has some reference to the modern litigation avoidance system. But we must realize that the system of the litigation avoidance is the service of the Ming Dynasty autocratic regime, which can not stop the corruption fundamentally and therefore have the limitation of its history.