The Judicial Research Of "Qing Guan" In Ancient China

Since t he 60 s i n 21 st century, t he topic of “Qing Guan” has aroused lots of debate s and researches i n China. Ori ginal ly, the controversi es over “Qing Guan” were mai nly focused on the evaluation on t hem, such kind of praising, undervaluing, or neutral. As the discussion continues, the relate d research has also yi elded s ome academic achi evements. This paper will take the st ories of “ Qi ng Guan ” in the hi story and literature works as ex amples to analyze judicial pract ice of them, whi ch include the eval uati on of the judicial performance and the ins pection of the chara cters of the“Qing Guan ”. What has m enti oned above can also help the contemporary society t o study the inspiration of ancient Chinese “Qing Guan”.The judicial activities of their political life had a certain infl uence on t he feudal society. “Qing Guan” was a representative of the ruling class and they were deepl y beloved by their contemporary people. They were a st able backbone of m aint aini ng the feuda l order, and can be a good mi ddlem an between the ruling and the ruled cl ass.This paper draws a line to “Qing Guan” on the basis of the evolut ion of them and makes a clear definit ion of them: they bel ong to a gr oup of feudal officials who were probity and integr ity on governing after the Song dyn ast y. M eanwhile, this paper investiga tes the reason of producing “Qing Guan” and the chara cter isti cs of them and then discussing the judicial performance of “ Qi ng Guan ” from three j udici al procedure stages which include the case acc eptance, the trial and the judgment of the case. In the end, t his paper will summarize the charac terist ics of “ Qing Guan” wi th the com binat ion of law and emotion, the compatibility of courage and wisdom as well as the practice of kindness and tolerance based on chapter two. Chapter four will make an evaluation of them. This evaluat ion t hrows light on t he essence of ruli ng class, approving their cont ribution t o maintain the ruling order, pointing out that they can properly consider the interests of ordinary people and meet the people’s expectations. Accor ding to the study of case materials, it is easily found that “ Qi ng Guan” are not perfect peopl e and their knowledge level, practical experi ence and cognit ion abili ty are also lim ited. Based on t he evaluat ion, thi s paper ex plores the inspirat ion of the cl ass of “Qing Guan” to the contemporary dis pute resolution, the social managem ent and the const ruction of a harmonious society.