The Private Assistants Of Local Judicatory In Qing Dynasty

In the state judicial in the Qing dynasty,the legal group will come to our field of vision,although in theory,it is state county magistrate who control the local jurisdiction,however,there is the view that "state county magistrate have only the name of the trial,the private assistants have a trial of real power",and the current academic circles concerned on the study of the private assistants in the macro aspect,the use of more specific legal text for staffs in the state county judicial status,function and its influence on Qing Dynasty judicial culture articles are relatively rare,so this paper choose the book Zhi Shang Jing Lun as the research object,the study of the system of local judicial staffs.Zhi Shang Jing Lun was written by Wu Hong who lived in the Qing emperor kangxi years,Wu Hong failed to official life,this book recorded the experience of his decades as a private assistant,most of which contained the documents that he helps the officer to write.As the research object,with this book we can use the first-hand information and cases for better research about the private assistant,and we can show the position and role of the state private judicial assistants in Qing dynasty more clearly,we can also show its processing method of judicial affairs.This paper mainly study the system of state private judicial assistants from four aspects,The first part of the article mainly discusses the function and structure of the state judicial in the Qing dynasty,to show the background of the private assistants at the same time;The second part mainly research the source of the private judicial assistants with the knowledge of the justice,in this part introduces the types,functions,source of staffs,the knowledge structure of the private judicial assistants and their status in the state judicial;The third aspect mainly use the case to study the judicial procedure which the private assistants participate in,the role of the private judicial assistants at the state county and their method of case and case basis;Finally,I will study from the macroscopic Angle to observe the effects of assistant of the Qing dynasty state county justice,to cause our thinking of the private judicial assistants to the rationality of existence and thinking about a series of drawbacks of reflection which the private judicial assistants cause.