The Evolution Of The Ming And Qing Central Judiciary

Ming and Qing dynasties inherited both judicial and administrative unity oftradition, on the set of the judiciary, according to their needs, there is an obviousevolution and innovation. In addition to a specialized center judiciary, but also moreadministrative agency authorized to participate in part of the judicial activities.Meanwhile, the Ming and Qing dynasties in the late ancient society, is highlycentralized development of the Monarchy and the unprecedented strengthening period.The inevitable changes in the political system in the design of the judiciary alsoreflected on,in case of this particular “ChangWei” Ming Dynasty judiciary,specifically the judiciary against the Qing Manchu and other minorities involved inthe case and established triage system and the corresponding institutions in the Mingand Qing dynasties increasingly developed, and so on. The Judiciary’s set up,repealand transform, dating back to explore their roots, all in order to mean return toimperial power.The paper is organized by the introduction, body and conclusion chapterscomposed of:In the introductory section, first introduced the topic reason, followed by areview of the research status of Ming and Qing dynasties central judiciary has beenthrough a literature review, to seek the focal point and space for research papers. The first chapter introduces the evolution of the situation in the Ming Dynasty centraljudiciary. Division three methods to further develop the Ming regime, the centraljudiciary to three methods Secretary (Board of Punishments, Censorate, SupremeCourt) based, the vast majority of cases heard by the three methods Secretary. But,Tang and Song of the system is different, and the supreme court of the Ming DynastyPunishments interchange functions. Ming Dynasty Central Division three methodsoutside the judiciary, there are other judicial institutions have both the centralprocessing trials, mainly plant health, SiliJian, cabinet and so on.The second chapter describes the evolution of the situation in the Qing Dynastycentral judiciary. Central aspects of the Qing Dynasty in the traditional judiciarysystem is basically inherited the Ming Dynasty and a little loss. Like with the MingDynasty, the unity of the administrative and judicial system makes the Qing Dynastyin addition to the traditional three methods Judiciary Division, also empowered manycentral administrative bodies such as the Cabinet Office and other military andadministrative jurisdiction of the trial. Meanwhile, in order to maintain the Manchuprivileges, especially to protect the legal status of the Manchu nobility of the QingDynasty in addition to three law also established a special department of the Judiciary,such as cases of human government, the Imperial Household and Banners Governorbureaucratic system and so on. Qing minority areas of jurisdiction depth than the ages,the central management of Disaster dedicated Criminal Division is responsible for thetrial of the Qing officials ethnic minorities crime.The third chapter is the main content of the first two chapters are summarizedand analyzed to explore the final destination in the center of the Judiciary under theautocratic imperial power. The formation of a temporary judicial judiciary to enhancethe status of the Board of Punishments, establish trusted institutions, mutual restraintof power, are central to the performance of judicial power collapsed. In addition,minorities established dynasty, the Manchu also focus on ease conflicts through legalmeasures to adjust the relationship between frontier minorities, in order to strengthenthe rule of performance. These changes, on the one hand shows the strengthening ofimperial power, by adjusting the center of the judiciary, through the operation of the Central jurisdiction, to ensure control over major cases, and strictly guard against theforces that may arise; It also reflects the rule of the accumulation of experience andmaturity in the territory continued to expand, ethnic relations have stabilized thesituation, the full use of setting up a new judicial institutions deal with differentaspects, different ethnic disputes and litigation, to ensure efficient management of thevast empire.In the epilogue, abandoned in the Studies on the Judiciary, and thus explore theirtraceability its source, all in order to mean return to imperial power. Come, regardlessof the judicial and administrative, administrative greatly interfere with the judicialancient China,"rule of law" did not survive the soil, it is impossible to achieve,"ruleof man" is the inevitable end of its conclusions.