Research On Surveillance Commissioners In The Qing Dynasty

This paper mainly elaborates the judicial supervision function of Surveillance commissioners.In the Qing Dynasty,it has a strict classification in the judicial system.And the trial system of the Qing Dynasty can be divided into central and local systems.Also the local trial system is in accord with the local administrative divisions,including county,prefecture and province.The provincial government consisted of some main government offices,including governor-general and provincial governor,chief secretary and Surveillance commissioners,and Xun shou dao.The Surveillance commissioners undertook many judicial functions.Meanwhile,it took the responsibility of “impeachment and supervisor”,and investigated all the officers,legal advisers of counties and prefectures,even can impeach the illegal act of governor-general and provincial governor behind the scenes.Also,many attentions were payed to its supervisory function.The first chapter recounts the historical development of Surveillance commissioners.It has developed to a mature stage from the Yuan dynasty to the Ming dynasty and it also has been strengthened in the authority of office.Moreover,the judicial system in the Qing Dynasty has suffer from the influence.This part focuses on the composition and national settings of Surveillance commissioners in the Qing Dynasty.The second chapter elaborates the judicial supervision function of Surveillance commissioners about undertaking the judicial work of one province;and investigating all the officers,legal advisers of counties and prefectures;even,impeaching the illegal act of governor-general and provincial governor behind the scenes.The third chapter,basing on the archives of the Qing Dynasty,elucidates the relief roles in the review of death penalty cases about injustice of Surveillance commissioners in the practice of judicial supervision.And as the supervisory officers,their supervisory functions to governor-general and provincial governor,chief secretary and other officers have been restricted and alienation in practice.Because the Surveillance commissioners plays an important role in the local judicial trial,its judicial spirits of civil lawsuit,curbing the violent and assisting the weak,Confucianism ethics have more profound impact to form the good atmosphere in the judicial trial of the Qing Dynasty.The fourth chapter concludes the reveal and relief functions of Surveillance commissioners to the injustice in the practice of supervising,and summarizes the reasons of system,spirit,avoidance and malfeasance,which leading to the alienation of supervisory functions.