On The Judicial Status Of The Ming Dynasty From The Perspective Of "San Yan Er Pai"

"San Yan Er Pai" is the classic work of Chinese ancient vernacular novels with great length.It shows us a series of pictures of life in the city.Then we can understand the broad life of the people at that time."San Yan Er Pai" has a lot of legal chapters.These chapters have a precious historical value for studying Chinese traditional legal culture and system.They embody a concentrated reflection of the Ming Dynasty social life and they depict a lot of vivid stories.They present some legal cases plainly.Therefore,these chapters provide an excellent perspective for us to understand the concrete operation of the law of the Ming Dynasty.First of all,this thesis summarizes the relationship between "San Yan Er Pai" and the times.The promulgation and implementation of the law can't be separated from the society.These legal chapters in "San Yan Er Pai" are not created out of thin air.They all have a profound economic and social background and legal background of the Ming Dynasty.In addition,this part introduces the author of the novel.And this part also selects these chapters of the Ming Dynasty as the research object.Next,this thesis mainly discusses the judicial status of the grass-roots units in the Ming Dynasty by taking these legal chapters in "San Yan Er Pai" as the object of the study.This part mainly discusses from the following four aspects:prosecution and acceptance,evidence collection and arrest,trial and mediation,judgement and execution.Then this thesis mainly discusses the characteristics of the judicial practice of the Ming Dynasty in "San Yan Er Pai".It mainly includes the following contents:the judges attach great importance to the social influence in the process of the trial and they don't rely solely on the provisions of the law to try cases or use the law as the sole basis for judgement;supervisory officials' regular inspections will be conductive to reduce the number of wrongful convictions;torture and forced confessions are common in the Ming Dynasty;the judges have dual functions of justice and administration and they have low legal quality;eunuchs monopolize power and they intervene in the judicature;the ideas of ghosts and gods and karma are prevalent.At last this thesis mainly discusses the value and significance of the study of the judicial status of the Ming Dynasty in "San Yan Er Pai" to contemporary judicature.This part mainly discusses from the following four aspects.First,the state should administer officialsin accordance with the law and the state should promote the construction of a clean government system.Second,the improvement of officials' legal quality helps to improve judicial efficiency.Third,the improvement of people's legal consciousness will help them to use the law to safeguard their own legitimate rights and interests.Forth,officials should abide by procedures and they should maintain judicial justice.This thesis selects these legal chapters of the Ming Dynasty in "San Yan Er Pai" as the research perspective.It is a thesis based on legal research.It uses the intersection between law and literature as a research bridge.This thesis displays the characteristics of the judicial practice in the Ming Dynasty by combining the law of the Ming Dynasty with the relevant links of the judicial activities in the Ming Dynasty.Therefore,we could know how to better carry out judicial construction after reflection.Law is not an ornament and its the most important value is to perform,to practice.Judicature is not only a process of turning the law in paper into the law in action,but also the examination of the legal system.