A Textual Research Of The Commandant Of Justice(Ting Wei) During The Han Period

The rule of the Qin and Han dynasties was either based on the rule of law or on the rule To collectors,or on the basis of Huang Lao,or on the basis of Confucianism method combined with legalism.The law has played a fundamental role in the operation of national politics and the maintenance of social order.The Commandant of Justice was the highest judicial officer in Qin and Han Dynasty,and it was the formative form of judicial officers in the Qin and Han Dynasty.To study of the origin of the official duties,functions,selection,agency accountability,we can deepen know state judicial power system and its operation logic in Qin and Han Empire.As the supreme judicial officer of the Qin and Han Empire,The Commandant of Justice has the functions and powers to enact and amend the provisions of the law,adjudicate the purgatory,hear the appeals of the local counties,and trial of "zhao Yu".The subject of the crime includes the people who are related to the lords and their relatives,the ministers of the government,the magistrate,the military general,and the emperor.There is a tendency of "case study" in the court of doubt.The trial operation abide by the principle of " the current case,the commandant of justice verdict",the trial system could be called "warder leading" or "beadle leading" trial in the Qin and Han dynasty.In the subordinates of Ting wei,Ting Wei Zheng and Ting Wei Ping was the most important,and his setting experienced a process of change,which was the embodiment of the continuous improvement of the supreme judicial institution.Ting Wei Zheng was Ting Wei's subordinate,but in the development after the Han dynasty,it gradually became a judicial official at the level of the kingdom,and it was the performance of the Han dynasty to strengthen the control of the kingdom in the judiciary.The setting of Ting Wei Ping reflects the transformation from "harsh criminal law" to "suntech probation" in Han dynasty.As one of the nine ministers,Ting Wei also commented on the political affairs and influenced the decision making.Sometimes accompanied by the growth of the power,Ting wei can also have a significant impact to national politics.