Juridical Practice Of Procurators In The Late Qing Dynasty And Its Contemporary Enlightenment

As an indispensible role in modern countries under the rule of law, the procurator exercises the procuratorial power and maintains social justice on behalf of a country. Procurator in China was not originally designed by the feudal system, but instead it was established till the judicial system reform in the late Qing Dynasty with the development of the feudal system. Written comments, an important form of judicial documents in traditional Chinese judicial activities, and official documents made by procurators in the late Qing Dynasty are the most important historical materials for researches on the procurator system in the late Qing Dynasty. As important documents made by procurators in the late Qing Dynasty, written comments and official documents can most reflect the true features of the juridical practice of procurators in the late Qing Dynasty. Published in the early years of the Republic of China, the book Official Documents Read and Commented by Halls of Judgment in Various Provinces provides precious firsthand data for researches on the procurator system in the late Qing Dynasty. The book records written comments and official documents made by procurators in the late Qing Dynasty, which is meant to provide enlightenment for procurators in the Republic of China period, thus written comments and official documents recorded in this book are with relatively high value of historical materials. It is more persuasive as well as more close to objective fact to study the juridical practice of procurators in the late Qing Dynasty by fully using written comments and official documents recorded in Official Documents Read and Commented by Halls of Judgment in Various Provinces. Therefore, by extracting typical written comments and official documents from the book, analyzing and paraphrasing them, the paper evaluates characteristics of the juridical practice of procurators in the late Qing Dynasty, summarizes its value and deficiencies, reveals the significance of procurator, a special occupation, from the perspective of science of legal history, so as to provide historical enlightenment for the procurator system in contemporary China. The research is of reference significance and academic value to the further improvement of the procurator system in contemporary China.