Exploration Of Traditional Judicial Concepts And Trial Skills In Ming Qing Gong Du Mi Ben Wu Zhong

The traditional China has a special feature that ethics and law are mixed existence, and they are both the important guarantee for stick up for social order and restructure daily life. In most of legal activities, judicial has the most closely linked with ordinary people. However, everyone knew the fact that monocracy has totally different meaning in traditional society and mordent society. So if we want to know the judicial activities in traditional China, we must put the judicial activities into the social environment at that time firstly. Because of China has a long history so we choice Ming and Qing Dynasties as the section, and choice Ming Qing Gong Du Mi Ben Wu Zhong as the subject investigated. Ming Qing Gong Du Mi Ben Wu Zhong is a case collection which includes court verdicts and documents in Ming and Qing Dynasties. This book has the special feature on time and culture and it can concentrated reflect the judicial culture in that time. This article selects the angle of judge to explore judicial ideas and trial skills, and for both of these reasons this article is divided into four parts.Part 1: In this part we will give a presentation about judicial in Ming and Qing Dynasties and explain the culture foundation of judicial in traditional China. Justice is a social activity in any dynasties and it has the close relationship with social culture in many ways, such as the basic rules of practice and development. The traditional China is an emotional social, emotion logic and law make up the rules of that society. So emotion is the foundation of traditional justice and moderation became the best choice for ancient judges.Part 2: This part is one of the most important parts of the paper. In this section, we will choice the judicial philosophy in Ming Qing Gong Du Mi Ben Wu Zhong as the study subject. And in this section we defined judicial philosophy as the basic principles in Ming and Qing Dynasty. Judicial philosophy is a macroscopically concept and as a common rules that the judges must be observed. That means judicial philosophy effects the judges’ behavior and their way of thinking. It is the reason why we say judicial philosophy has a close relationship with the culture of that time. The judicial philosophy in this article is defined as “Qing Li Duan An Xi Song Sheng Xing”, “Chi Fa Gong Yun Shen Shen Ming Cha”, “Ren Shu Ai Jin Shen Xing Xu Min”, and “Jiao Hua Wei Zhu Ming Xing Bi Jiao”. We will show the judges’ culture from different flanks.Part 3: This part is another important part of the article. In this section we will show the trial skills of judges. Compared with what it is now the trial skills are relatively backward. And it usually relies on judges’ knowledge and experiences when dealing with cases. But it is not mean that judges depended on experience absolutely because they found the common skills from a lot of law cases. At the part of theory skills, judges must use emotions, rules and law together when they handling the cases. At the part of trial skills, judges need to use different methods to judge the evidence. At the part of closed skills, precedents became the best choice for judges and they usually noticed the balance between litigants.Part 4: This part is the last part of this article. In this section we will elaborate the effects of judicial concept and trial skill in this book. Before this we concentrated our major research on the judge. While in this part, we will discuss the influence on common people and posterity. Adjudication is the unity of legal effects and social effects. On one hand, judges want to handle the case; on the other hand they want to enlighten common people. Judges’ methods also influence how people view the law and influence how to deal with the subsequent cases.