The Research On Qing Upright Official’s Judicial Practice

About The officials this special group, some scholars in the legal history academic circles began to focus on this issue in recent years, but related writings are not many of the officials of Qing Dynasty, especially in the Qing Dynasty upright officials judicial practice few research on it. During the first reading of History of Qing Dynasty·Upright officials, found in both the mediation of extinguishing lawsuit and judicial trial, judges kills, Qing upright officials performed more or less similarities, after consulted the relevant officials such as Wang Huizu, Lan Dingyuan, Fang Dashi person’s writings, the books on admonition for officials, judicial precedents the conclusion are to be proved. Qing Dynasty as the last feudal dynasty of China, the formulation’of the law and regulations on judicial procedures, judicial practice experience are the comprehensive expression of another dynasty, select the officials of Qing Dynasty as a research subject more representative, can more help to us to increase the understanding of the judicial practice in the situation of Qing DynastyThe topic of this paper are the Qing upright officials Judicial practice, the research object is the Qing upright officials, so the connotation of the Qing upright officials should have a clear definition, but all the dynasties have changes on that. Mainly based on the rule needs and writers’ tend to be stipulated by the methods of exposed problems is to narrow the scope of upright officials. In the "integration of books",the Qing, especially the Qing officials often have generous words of praise to upright officials, and they think that upright officials difficult and rare. In addition, then also appears such a phenomenon, proverbs Obedient Officials in the official book, dubbed the name of the character is not to be described in the "History of Qing Dynasty·Upright Official Biography". Therefore, this article After the Qing Dynasty on the Obedient Officials collate views that all judicial practice strong performance in the no litigation, Qin Shen Qing Ming and responsive to the public all be called Upright Officials. So this paper is not limited in the draft of Qing dynasty recorded in the upright officials range. The article also cited the other can be attributed to the category of upright officials in the Qing Dynasty, the officials of the sedentary, precedents and Official Admonition thought to carry on the elaboration, to the Qing official judicial practice in more concrete, more abundant grasp.The integrated analysis of the upright officials in the judicial practice of judicial pursuit, judicial style, judicial methods, conclude that upright officials both in the pursuit of the Ning min interest litigation judicial or on the admissibility of the case is used in the process of Qing Qin Shen Ming style or the case of the referee reflected the harmony degree of judicial methods, their ultimate goal are hoping through the practice of judicial activities so as to achieve the non litigation position. Cases previously accepted by various interest litigation measures will be social conflicts stemming from the embryonic stage, the admissibility of the case and the referee do best to take care of the feelings, so that in the reign of the people can live in harmony, social relations can be stable, social order is able to consolidate. In addition, different from the judge today referee for strictly in accordance with the law, the judge standard of clear officials more diversified, but on the basis of the comprehensive reason for the law, they feel hope you can do it’s judgment method, method of a combined, are more likely to be accepted by the parties. And of course, they will meet human feelings, justice and law cannot be fully consistent, this time they take the judicial method is using the rational way to compliance and reasonable as the judgment standard of the case, after considering the case of people’s emotional expression and case behind a leak in the justice criteria, in order to make can reference to all aspects of the public opinion of the final decision.