A Study On The Issue Of Admissibility Of The Proceedings Of The Ming Dynasty

The people of Nanjing in the Ming Dynasty can not only "overstepping indictment'',that they directly reported to Nanjing Justice Department,but also prosecution case with" bottom up ".Nanjing's litigation process is the same as that of the provinces.The people must go through the process of "writing-submitting-approval-filing-calling the defendant-hearing-falling".There are many institution to accept litigation in Nanjing.Among them,the high-level mechanism trial procedures are more standardized and strict,while the grassroots institution have greater autonomy in the trial of self-directed litigation.They work in a more flexible way,and can use the methods of non-official personnel such as Li Lao and Jia Chang to participate in the case,so as to avoid yamen runners from extorting people.There were many institutions involved in the trial of the case in Nanjing in the Ming Dynasty,but they played different roles.The first is the institution that accepts the litigation.During the Hongwu-Yongle period,the Nanjing Court of Acceptance only had Nanjing Justice Department and Yingtianfu.After Yongle,the litigation institutions gradually increased Nanjing gamson Yaxnen,Patrol Yushi and so on.During the Jingtai years,the number of litigation institutions increased further,but their judicial power was limited During this period,although the Nanjing garrison officials violated the law and invaded the rights of the law,the Nanjing judicial system was still functioning normally.The second is the verification agency.Nanjing Wucheng Terracotta,Yingtianfu,Shangyuan County and Jiangning County,as the grassroots institutions in Nanjing,participated in the trial of the case,but they also took on the auxiliary work of admission confession,issuing confession,autopsy,verification and so on.And their role cannot be ignored.Finally,the review institutions.Nanjing Criminal Division,Xunan Yushi and Nanjing Justice Department are responsible for reviewing the case.They mainly review the case of imprisonment and exile,The case of death penalty must also be discussed by the department of the law,and then the emperor will decide.In the early and middle period of the Ming Dynasty,although the number of Nanjing litigation acceptance agencies continued to increase,the institutions adhered to the regulations and cooperated with each other to make the Nanjing judicial system function properly.For the economic benefits of prisoner pays papers,ransoms,and penalties,in the late Ming Dynasty,many judicial institutions in Nanjing invaded the rights of the highest judicial institutions,and they accept and interrogate themselves in violation of the law.They no longer sent the cases to the highest judicial department for review,but approved the verification of Nanjing Wucheng Terracotta,Yingtianfu,Shangyuan County and Jiangning County and so on.This led to the accumulation of cases in these institutions and the long-term detention of prison inmates,resulting in many prison breaks.In the face of this situation,Jiajing's late ministers of Justice repeatedly asked for distinguishing judicial power to solve the problem.However,due to the lack of support from the emperor,coupled with no specific measures,it became a mere scrap of paper in practice.