Study Of The Criminal Prosecution In Ming Dynasty

False accusation has a very long history as a criminal act.It not only damages the rights and interests of others,such as person,property and even spirit,but also causes serious harm to the judicial system and social order of the country.Therefore,it is forbidden by successive dynasties.As early as the Western Zhou Dynasty,false accusation has been regarded as a crime.The punishment system of false accusation in Qin Dynasty was established as "false accusation against sitting".This legislative rule has been continued and has become a mandatory provision to punish the crime of false accusation,which has made a significant contribution to reducing the occurrence of the crime of false accusation.On the basis of summing up the experience and lessons of the legislation and judicature of the previous generation of false accusation crime,combining with the social situation of Ming Dynasty,the punishment system of false accusation crime was innovated,and "false accusation plus other reflection" was implemented,which made Ming Dynasty the most severe Dynasty in the punishment of false accusation crime in ancient China,and the corresponding legislation was inherited by Qing Dynasty,which lasted for hundreds of years.Therefore,it is of positive significance to study the crime of false accusation in Ming Dynasty and analyze its legislation and judicial practice.The core of this paper is the situation of false accusation in the whole Ming Dynasty,including the laws and regulations set up to deal with the crime of false accusation in the Ming Dynasty,the judicial practice of punishing the crime of false accusation in the Ming Dynasty,the relationship between law and social practice,and the characteristics of dealing with the crime of false accusation in the Ming Dynasty and the enlightenment we can get.The main body of this paper consists of four chapters.The first chapter combs the historical development of the crime of false accusation to a certain extent,and analyzes the legislative regulations of the crime of false accusation in the laws of Daming,the letters of Dagao,the regulations of asking for punishment and other codes,so as to clarify the legal system of dealing with the crime of false accusation in the Ming Dynasty,and analyzes the constituent elements of the crime of false accusation through the modern criminal law theory,so as to distinguish and confuse the crime of false accusation To clarify the crime boundary.The second and third chapters are the focus of this paper.They cover the collection of cases in Ming Dynasty,such as the preserved documents of mengshuizhai,the new words of prison breaking,and the official materials,such as the records of Ming Dynasty and the history of Ming Dynasty,and classify them.Through the study of the cases of false accusation,this paper analyzes the role of the people,the officials,the litigants and other litigants in the trial of the cases,and draws the conclusion that the legislation and practice of false accusation in Ming Dynasty deviated from each other,and sums up the main reasons for this phenomenon,which are the incompatibility between the official thought and the people's pursuit,the influence of the trial and litigation system on the just law enforcement of the officials,and the instigation of lawsuits by the litigants And the officials melt their feelings into the law.The fourth chapter is mainly based on the research of the first three chapters,summarizing the characteristics of dealing with false accusation in Ming Dynasty,that is,strict legal system,heavier punishment,combination of etiquette and law,complicated legal rules,great influence on Qing Dynasty,etc.the legislative setting and economic compensation system of Aggravating Punishment were almost completely inherited by Qing Dynasty.What's more important is to analyze what enlightenment and thinking can be brought to our society by the legislation and judicial practice of dealing with false accusation in Ming Dynasty.