Study On The Procedure Of The Central Trial In The Ming Dynasty

As the ancient Chinese feudal centralized peak,the Ming Dynasty,its from local to central,enjoys a jurisdiction or an judicial government,whose level of complex,make judicial error correction procedures in the Ming Dynasty inherited the former system consistency characteristics,at the same time show some uniqueness.It is helpful to study the judicial error correction procedure in Ming dynasty to prevent and reduce the occurrence of modern judicial error.If we want to further study of trial error correction system,the first is to find out in the judicial specific understanding of the word "misjudged cases",however at present academia and practice for the word "misjudged cases" are not clear and unified definition.However,this phenomenon has already existed in ancient Chinese judicial practice,such as the Western Zhou Dynasty requires judicial officers in the process of trial,we must follow the rules of the defects of "five faults",once the violation of the"five faults" to impose the same with the criminal punishment on the presiding officer.In the Qin Dynasty and the Tang Dynasty,the "not straight,offense of imposing lighter or heavier sentences than necessary" and other behaviors were listed as constituting elements of the wrong case,according to whether the result of the referee was in accordance with the law as the standard to judge whether or not the case was wrong.And common in modern judicial recognition will do general understanding of the word "misjudged cases",which not only includes "mistake" that was actually the case,but also includes all the on trial at the next higher level had been commuted or correct the case that the successor to or correct case also including,regardless of whether it belongs to the entity the referee mistakes.Because of the judicial practice of ancient and modern times,it is impossible to completely avoid the occurrence of wrong cases,so the Ming Dynasty is no exception.However,the special social background of Ming Dynasty led to the frequent occurrence of the wrong cases.one of the most direct reason is the Ming Dynasty imperial eunuch,wanton use harsh,bloody torture;Second,judicial officials are mostly passed the imperial examinations in the Ming Dynasty into the official career,the backwardness of bureaucratic approach combined with the lack of perfect appraisal system,eventually led to the feudal judicial officials itself is lack of necessary legal knowledge and practice ability,which makes the working efficiency and quality are not perfect;Last and the most fundamental reason,is the Ming Dynasty in the feudal autocratic rule under the social background of the judicial also become a tool of feudal emperor to maintain its rule,and actually lost its realization of social fairness and justice.In the case of the concrete measures in the system of the central trial correction in the Ming Dynasty,the basic structure of the system is composed of two levels:the starting body and the starting mode.In the main body,it is also divided into the traditional central trial and error correction main body--the division of three laws,namely,the criminal division of the criminal title,the inquisition of the hundred officials,and the Dali temple,which refutes the trial.All three have their specific division of labor,and through the three divisions of the trial and so on cooperation trial cases,in order to correct the wrong cases,settlement of the settlement of the year.Speaking of the special central trial of the Ming Dynasty-cabinet and factory wei.Because the Ming Dynasty was the peak period of the eunuchs in power,the east factory and the imperial palace emperor's guard were more powerful,so the judicial trial was highly influenced by eunuchs.As for error correction program operation mode in the middle of the Ming Dynasty in the judicial practice,there is given priority to with appeal,the appeal,straight sues bottom-up trial error correction and to review,came,and supervision,interrogating prisoners mainly top-down active intervention trial by the judicial organs of the two ways of error correction.The former mainly refers to the way in which the parties or their family members are not satisfied with the results of the first instance and apply for review to the original organ or the higher judicial organs;While the latter is active intervention by the judicial organ judicial organ at a lower level has accepted the case,if found the fact that mistakes,applicable law or judicial officers and people intentionally situations directly on the correct way of a review.Finally,after the litigant is able to redress the grievances through such procedures,the next step is to investigate the judicial accountability of the officials.The law of the Ming Dynasty had strict requirements on the judicial officials.If they are violated the law and create wrongful convictions,If they break the law,they will be severely punished.In order to deter officials and achieve the purpose of reducing wrongful convictions in judicial practice.Finally summarizing rules in Ming dynasty,the central judicial error correction system on the basis of the advantages and the pros and cons of modern judicial error correction system in our country put forward some constructive suggestions,in order to contribute to our country socialist legal system construction.