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The Study Of Jujie In Qing Dynasty Justice

Posted on:2017-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:X X HuangFull Text:PDF
GTID:2336330488478060Subject:Legal history
Abstract/Summary:PDF Full Text Request
Jujie applied in all aspects of social political and economic life in the Qing Dynasty, is a management derived by the psychological and cultural factors of paying attention to credit in traditional society. Jujie's using in Qing dynasty justice has the most distinctive features and norms, refers to the main participants involved in the case make an assurance of his or her statement is true,or recognize the official behavior and will to bear responsibility for breach. The Qing law and other official documents have made clear requirements about Jujie's content and form what different subjects such as plaintiffs, defendants, witnesses and Wuzuo at different stages of the lawsuit should follow. Its use throughout cases normal startup and operation, and even the whole process, is the premise and necessary procedure of disposition of cases in Qing judicial. Based on the research of the Jujie, which can be more comprehensive understanding of the operation of justice in the Qing dynasty.This paper is divided into five parts, its basic structure is as follows: The first part mainly introduces the definition and in the practical application of Jujie, the difference with the similar system, and the overview of Jujie in the Qing dynasty judicial, as stated below in the Qing dynasty judicial research lay the foundation. The second part analyzes the use of statement in the Qing court proceedings, which also includes a variety of different situations in the main program and the pre-trial proceedings. The third part introduces the different use of conciliation proceedings in Qing dynasty, and by analysising of the cultural and social background settlement stated in the rationality of the path. The fourth part reviews on the basis of the above analysis of the Qing judicial statement. Jujie can protect the lawsuit participation of parties, regulate the behavior of individual litigation, improve the efficiency of litigation, limited judicial officials do at will, promote the rational, etc, so as to achieve the goal of impartial judgment and XiSong. But in actual operation, the legitimacy of torture, the independence of non-judgment, non-finality of litigation and other justice system and supporting the judicial system is imperfect, leading tothe possibility of the existence of forced to make Jujie, the rotation of Jujie is limited, the uncertainty of the effectiveness of Jujie and other issues, restricts the efficacy of Jujie. It is found that good operation of any system, not only needs the scientific nature of the system itself, also need a good running environment.
Keywords/Search Tags:Justice in the Qing dynasty, Jujie, Positive effects, Llimitation
PDF Full Text Request
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