“Judicial Officer,People,Judicial Practice Litigation, And The The Judicial Practice Of Ming And Qing Dynasties"

During the Ming and Qing Dynasties,Among the people legal consciousness is gradually awakening, after the end of folk remedies, to safeguard their own rights and interests, people often take the form of litigation, such as panic, Dutch act as many positive action strategies to achieve the objective.The lawsuits will be on ",people urgent need for action to help with the official law litigation professional forbidden to produce a contradiction, Songshi in suffered all kinds of repression, but to become a profitable industry is quite thick.The traditional judicial idea and judicial officers on the one hand to hold the interest of first instance, to the trial, on the other hand, the moral sentiment further into the judicial trial, showing the characteristics of the Ming and Qing judicial reason law fusion.The action officer, civil litigation, the three party from the perspective of the Ming and Qing Dynasties, based on historical data, books, scholar notes, the judicial verdict, intends to study the vernacular novels and other materials, to analyze the characteristics of the times and the culture of their own.Apart from the introduction and conclusion, the thesis is divided into four chapters:The first chapter is about the folk people appealing lawsuit proceedings. This paper through the analysis of the aggrieved people in daily life, people have to understand the proceedings courts will end after the folk remedy. At the same time in the litigation in order to obtain legal victory, people like to lie, litigation, Dutch act and other three kinds of litigation strategy in the lawyer’s help, but also pave the way for the action of Ming and Qing Dynasty Songshi help of first instance.The second chapter analysis the action of Ming and Qing Dynasty Songshi help of first instance. In Ming and Qing Dynasty Songshi practitioners are hopeless career of the literati, they use their own knowledge and master the resources to provideassistance for litigation to help people. There was a cultural characters are generally to be solid, confuse barratry, right and wrong but there, are also plead for the people,justice Gao Jie. Through the document, clear the knife structure, so as to dispute litigation perturbation method for the active position in the trial, although there are disturbing judicial too, but there is no denying the fact that the people of Ming and Qing Dynasty is to promote judicial practice litigation and litigation for the dependence on the litigation activities with.The third chapter is the Ming and Qing Dynasties in the judicial practice the hearing trial judicial officer. Judicial officer has the pivotal status in the judicial practice, the people longing for justice such as "blue sky" so disinterested, looking forward to the judicial function for their own justice. The Ming and Qing Dynasties judicial officer still adhere to the traditional Confucian ideas through litigation,mediation, crown leases and other methods in practice to allow people to resolve conflicts, to let people not involved in the case. In the administration of justice in the Ming and Qing Dynasties, the judicial officer is more focused on the situation of the criminal case, emotional and moral factors tend to influence judicial penalty severity.Through the analysis of case study in the literature of Ming and Qing Dynasties, the Ming and Qing dynasties can be found in the collision of judicial officer reasonable judgment method of the three fusion.The fourth chapter summarizes the characteristics of the times of judicial culture in Ming and Qing dynasties. In this paper, through the analysis to the case of morality in the Ming and Qing Dynasties folk people appealing lawsuit, litigation,litigation lawyer assistant sheriff, summed up the characteristics of the times of judicial culture in Ming and Qing dynasties. The development and change of the social environment of the Ming and Qing Dynasties, people are no longer in the lawsuit, lawsuit idea and the rise of the official civil litigation against the ethos of the interleaving can be said to be the theme of the Ming and Qing Dynasties in the judicial practice; and to dispute in heavy repression under the statutes and governmentbut due to urgent need of people and the rapid development, it has to that is a kind of legal development of self selection in the Ming and Qing Dynasties; social transformation, judicial trial thinking also has influence character by environment changes, further integration of emotion, morality, law in the trial of the Ming and Qing Dynasties, is the heart of the humanistic spirit of judicial officer to the brand of the times.