Research On The Mechanism Of Releasing In Ancient China

In the process of building the rule of law in China,the “Huge case”,“Nie Shubin case”,“She Xianglin case ”and so on are typical of injustice in succession by releasing in our real life.Let's us see the the rule of law another great progress.The ancient history of China,through a long feudal society,was a process of strengthening feudal autocratic monarchy.In this process,no matter how wise a ruler is,there will inevitably lead to unjust cases.A fair trial is not an easy task to achieve.For whenever and wherever the tragedy of wronging the innocent may occur.The characteristics of Chinese ancient injustice cases show that it is impossible for us to research every unjust cases that occurred in ancient Chinese society.Therefore,we research part of the release cases within a limited range of resources.It reflects the injustices' types,causes,the ancient mechanism of redress and solution of injustice and so on.This paper deals with the “release” is further defined on the basis of the determination of “injustice”.As for injustice,in this article has two points.On the one hand,there are real case facts and evidence,the real criminal is not prosecuted and the innocent person is wrongly prosecuted or sentenced,due to mistakes in the work of the judiciary or other objective reasons.On the other hand,because of the immaturity of the judicial assistance technology,and some difficult cases can not be detected in time,it makes the innocent be prosecuted or even a judicial decision or suffer a loss.And “the release” is based on the above-mentioned injustice,under the special system conditions,judicial officials through various ways to find out the facts of the case,the parties involved in the case can be eliminated.The causes of the injustice cases in ancient China can be described as various.Low cost of litigation in ancient China and there were many cases of unjust due to false accusations and impeachment.Under the premise of the legalization of torture,making the self-confession by torture and perjury become another major reason for the occurrence of injustice.In the final trial stage,judicial officials' offense of imposing lighter or heavier sentences than necessary in ancient China,paying attention to the confession an despite the doubt,presumption of guilt,may still give arise to unjust cases.Philosophically,things are relatively exist.Where there is an injustice,there is a release.In the judicial practice of ancient China,upright officials apply to the judicial principle of“crime is light”,performing the death penalty repeat system,investigating the judge's responsibility of imposing lighter or heavier sentences than necessary in ancient China,and so on are the mechanism of redress of grievance in ancient China.The development of Chinese ancient legal system,it tells that there are also have methods to release the injustices.Reasonable doubt in checking up case files.The application of the “five hearing” system in the interpretation of releasing.Human intelligence releasing by wisdom trial.Logical reasoning and empirical judgement.The emperor releases injustice.In modern society,the judicial officials are becoming increasingly important in the case of redress of grievance.Under the circumstance of the determination of presumption of innocence.To perfect and improve the way of appealing.Judicial officials based on the adoption and use of evidence in the trial,dare to doubt and deliberate torture.Judicial officials should have the courage to admit and overthrow the retrial even if there is an unjust case.Research on the release,it's beneficial to study ancient judicial activities.It provides judicial experience for case trial,conviction and sentencing in present official.In order to reduce or avoid unjust cases occurred in the largest extent,promote the process of the rule by law in our country.