Reflections On The Supervision Function Of The Courts In The Ming Dynasty And Its Modern Enlightenment

In Ming Dynasty,China's autocratic centralization system has reached its peak.At the beginning of the founding of the Ming Dynasty,Zhu Yuanzhang abolished censorate Du Cha Yuan,established the Metropolitan Court as a new supervisory body.In the course of subsequent adjustments,the functions of Du Cha Yuan are gradually clarified.The main function of Du Cha Yuan in Ming Dynasty was its supervisory function.The specific supervisory functions include the financial supervision function,the incorrupt supervision function,and the judicial supervision function.The supervisory function of Du Cha Yuan played a great role at that time,which has strengthened the unity of the feudal rule and the maintenance of the imperial power.However,everything develops and changes,and so does the system itself.So we should dialectically look at the supervisory function of Du Cha Yuan.On the one hand,we learn from its positive aspects to improve the current supervisory system in our country.On the other hand,we recognize its negative side and draw lessons from it,and actively explore the supervision system which is more suitable for our national conditions.There are three chapters in this paper.Firstly the first chapter elaborates the establishment process,organizational structure and supervisory powers,as well as the Establishment of Internal officials in Du Cha Yuan in Ming Dynasty.Then the definition of supervisory,supervisory and administrative supervisory functions leads to the three supervisory functions of Du Cha Yuan.That is,the financial supervision function,the Incorrupt supervision function,the judicial supervision function,and the detailed analysis of the specific supervision activities of each function,which will pave the way for the further extension of the content of the article.The second chapter is the rational reflection on the supervisory function of the Du Cha Yuan in the Ming Dynasty.This paper mainly discusses the seven operation mechanism of supervisory function and the actual effect analysis of supervisory function.Operating mechanism includes selection and assessment of supervisors,complete supervisory regulations,establishment of vertical independent institutions and supervisory powers,mechanisms to enhance the authority of supervisory officials,a system of mutual supervision and correction between supervisory bodies and between personnel,a itinerant supervision system,and supervision avoidance system.The effectiveness of the supervisory function of Du Cha Yuan includes: the positive role played by the supervisory function and the reason of the failure of the supervisory function.The above-mentioned contents make preparations for the comprehensive elaboration to the Enlightenment of China's Supervision system.The third chapter reviews the development of China's supervisory system and points out the shortcomings of the current supervision system in our country.Then discusses the enlightenment of the supervisory function of Du Cha Yuan in the Ming Dynasty to the supervision system of our country.Perfecting the Supervision system should be carried out from three points.Firstly,the establishment of a professionalized national supervisory team.Secondly is the implementation of supervision and accountability mechanism at the grass-roots discipline inspection and supervision organs.Thirdly,we should strengthen the supervision and restriction on the state supervisory committee from the aspects of the people's Congress,the law,the party,the judiciary,the openness of government affairs,the supervisory committee itself,and the social supervision based on citizens.