The Research On Judicial Inspection System For States Kills In Qing Dynasty

The ancient judicial examination is similar to today’s forensic medicine appraisal, "inspection" though often, but each has its meaning. Academic basic focus on the study of ancient Chinese judicial examination system in the song dynasty, but history also has its particularity in the Qing dynasty, it is the Chinese nation for thousands of years of feudal society the terminator, it is a master of ancient Chinese law system, if the judicial examination system of song dynasty was a peak, then the Qing dynasty is reached unprecedented new height. It the ruler or the judicial person, from the judicial examination system value degree to the judicial inspection procedures for the rigorous attitude to the depth of the cognition of the judicial examination techniques have made considerable progress.The author in this paper introduces the meanings and principles of the judicial examination in ancient times, briefly reviewing the development and achievements of the ancient Chinese judicial examination system. In the sleeping tiger to 《 legal question》, 《clinical type sealing》 unearthed, makes China’s judicial examination began in the pre-Qin period has a solid basis, the system with time continuous development, until reaching a peak in the north and south song dynasties. Ci Song by the emergence of the wash is checked remake marked the ancient Chinese judicial inspection work earlier than western recognized as early as three hundred and fifty years. But, undeniably, the wash is checked remake also there are many mistakes in account, some errors "experience" even continues to the Qing dynasty.Judicial examination system is relatively complete, kills in the Qing dynasty Qing decrees, the provisions of the Qing reign examples from inspection principle,subject to the inspection from the inspection program to document, in detail, are mentioned. In Qing dynasty states kills by trap or resin commonly reported court,after officials whose bow, if determine actual the murder took place, we went to a body in conjunction with the post inspection examiner starry night scene. After to prepare, will by post inspection examiner for inspection bodies, drink, and are printedofficer followed next governor vessel and make the inspection work. This is advantageous to the inspection work smoothly and efficiently, on the one hand, on the other hand it can prevent and post examination examiner has erected detector, in order to ensure the authenticity of the test conclusion.Officially confirmed fatal inspection work to start, even at the same time record the result of the length, color and contrast of the fatal weapon. Achilles’ heel is the key to kills inspection, because only to find it, to find the cause of death the deceased,and also to confession, witnesses words in connection with the murderer, to obtain evidence, detection of the case, even the future judicial work lay a solid foundation.In addition to the Achilles’ heel, other scars should also according to the provisions of the inspection site and order one by one to see clearly, understand.If the autopsy can’t help to solve the case, obtain evidence, there is another ancient Chinese make the inspection technique of amazing- bone. Some kills will be reported in time, body not rot, but some body over months or even years to see the light of day again, but it has become a pristine white bone, do the autopsy of the method to solve? And some kills is proven, but of the inspection process and the conclusions may be corrupt or, if after the report was found to doubt, inspector open coffin is inevitable, but I’m afraid at this time has passed for a long time, in the coffin of the resin is just a skeleton, then check the method of bone is an ancient practice,summed up gradually.After the inspection, seal officer to fill in resin, obtain pledged undertaking,book report, this is the reporting documents. Resin are officials the inspection body parts fill in according to the regulations of the court has a fixed format of the eye, it requires the presence of officials must be every part of body, details see clearly,because only in this way can fill in the report. Pledged undertaking is a post inspection examiner, swear witness, resin, the attacker and others about the real meaning of case to myself a certifying documents, also is a kind of ancient launched the evidence materials. Report and document generally refers to the detailed report of a class file. It is a kind of details the case from submit to inspection to the conclusion and the inspection documents mentioned above a summary report of the nature of the file. It is actually a microcosm of the whole process of test case, containing all theevidence chain is closely related with case, is the most comprehensive and case report very simple work.Rulers in the provisions of the local officials, of course, many of the law of the "shall be the model", will also make corresponding punishment in violation of the provisions of these measures, disciplinary cases. 《 Qing reign·official department·dispose of cases》, 《six dispose the cases of provision》, though not one to one correspondence of the rules, but also very detailed rules on the nearly 20 of the disciplinary cases. They’re different from the illegal act, according to the grade difference made by weight, office, made a number of penalty level, is both harsh and fine.This article’s innovation mainly have three points.Firstly,the ancient judicial inspection system research mainly concentrated in the song dynasty,but this paper chose the scarce research at the present stage of the Qing dynasty.Though the judicial examination system in the Qing dynasty’s article also exist in small quantities,but only focus on the Qing dynasty states kills inspection system research is still rare.Not only put this research limited in the "Qing",but also in the "state" and "kills",which can facilitate the content range of narrow and it is helpful to research deeply.Secondly,essay elucidates two techniques in detail.Most previous article only described the judicial examination system itself,Its mostly institutional demand but no accounts in the actual operation.The inspection of technique makes the judicial examination system on the basis of "has its bone" more "has its connotation",so that the murder in the Qing dynasty examination system more fullness.Thirdly,using the rich and unique historical data.Discusses the articles of the ancient judicial inspection system,the historical data generally limited in law and annotations,the matters also involves only the content of the system itself.The historical data in this paper includes the officer in the Qing dynasty pro book,archives in Ba states and the washing discretion record in the judicial test in the original content.Rich variety of historical data can make us have a more intuitive and more comprehensive understanding to the system from different angles.It also makes the research on the judicial examination in the Qing dynasty deeper and more accurate.The value of this article is what is the inspection system and technology aboutcounties kills in the Qing dynasty.For as the research object,so that pave the way for analysis of the link between the "kills" and t "cautious" in Qing dynasty. Although this paper is only a simple describe,but it is particularly important basic work.Many of the ousted legal thought in history research is usually under the condition of the basic system is not yet clear.So,if we can describe system history clearly and accurately is the precondition for the research of legal history,it’s much necessary.