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The Law Office “li Wensuo”of Provincial Administration Commission In Ming Dynasty

Posted on:2018-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhouFull Text:PDF
GTID:2405330536974972Subject:History of law
Abstract/Summary:PDF Full Text Request
"Li Wensuo"(???)is a function of the Provincial Administration Commission(Bu Zhengsi???),its duties is"to deal with criminal cases."There was little research of"Li Wensuo"in the past.In fact,"Li Wensuo"played a very important role in the trial of the case.It was a provincial judicial body of the Ming Dynasty.This article explores its judicial function and to sort out the relationship between the Provincial Administration Commissionand the Provincial Surveillance Commission(An Chashisi???)in the provincial judiciary.So as to outline the real process of the provincial judicial operation.The article examines the provincial judiciary in the Ming Dynasty from three aspects as follows: the function of the "Li Wensuo",the relationship between the "Li Wensuo" and the Provincial Administration Commission,and the relationship between the Provincial Administration Commission and the Provincial Surveillance Commission.In the first chapter of the text,i examine the origin of the "Li Wensuo",so as to understand the source of this official system.It is divided into two parts,the origin of the "Li Wen" and the "Li Wensuo" in yuan dynasty.In the second chapter,Idiscuss the outline of the "Li Wensuo" in Ming Dynasty,including the process of establishment of the "Li Wensuo",the setting up of the officials,and the basic functions of theinstitution.In the third chapter,i summed up the administrative management system of the officials of the Ming Dynasty,It mainly includes four aspects about"Li Wensuo":election,examination,promotion and retirementmainly.You can see the"Li Wen"mainly from the Gong Ju(??),the assessment system is very strict,and it's not easy to get promotion.The salary of the"Li Wen"is very low and the treatment is not good after retirement.In the fourth chapter,on the basis of the "Sichuan Local Judicial Archives",I will explore the role of the "Li Wensuo" and the Provincial Administration Commission in the trial proceedings,and the influence of the Provincial Administration Commissionon the functions of the "Li Wensuo".While observing the functions of the two bodies in the process of trial and review,the "Li Wensuo",as the official of the Provincial Administration Commission,shows the characteristics of being passive and attached.In the fifth chapter,I further explored the relationship between the "Li Wensuo",the Provincial Administration Commission and the Provincial Surveillance Commission.This chapter is divided into two aspects,one is to discuss the purpose of the establishment of these two official from Zhu Yuanzhang,the second is to compare the legal provisions and judicial practice in the performance of the two official,so as to correct themisunderstanding about the Provincial Administration Commission and the Provincial Surveillance Commission in the past academics.That the Provincial Administration Commissionat the provincial level has assumed an important judicial function,has a charge for the specific case,and plays a role in the review of the death penalty.In the sixth chapter,I will discuss the influence of the Touring Pacifiers(Xun Fu??)and the Regional Inspector(Xun Anyushi????)on the"Li Wensuo"and the Provincial Administration Commission.The Touring Pacifiers replaces the Chief Executive of the Provincial Administration Commission,the Regional Inspector obtain the right to assess the Provincial Administration Commission,both have invaded the Chief Justice's jurisdiction.The final conclusion part,I summed up the performance and functions of various officials in Ming Dynasty provincial judiciary.There were many provincial judicial officers in the Ming Dynasty,which led to the complexity of the review body.So the people's appeal organs are relatively free,which makes contradictory and injustice can beeffectively resolved.The reason behind this is that the judiciary and the administration of the Ming dynasty are not separated from each other.
Keywords/Search Tags:Ming Dynasty Judicature, “Li Wen”, Provincial Administration Commission, Provincial Surveillance Commission
PDF Full Text Request
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