Study On Civil Appeal System In Ming And Qing Dynasties

Appeal is an important litigation system in the Ming and Qing dynasties.It is a system in which people can appeal to higher judicial organs and even to emperors when they are not satisfied with the judgments made by the state and county Yamen or when the judgments of the state and county are unjustly.The appeal system has developed quite mature from the Western Zhou Dynasty to the Yuan Dynasty,which not only provides the tool for the country to correct the false and false cases,but also provides the relief way for the people to clear their own grievances.This article will be divided into five parts in addition to the preface.The first part discusses the concept of civil appeal in Ming and Qing dynasties and related theories.Firstly,the concept of appeal is defined;secondly,the scope of writing of this paper is introduced through the discussion of civil and criminal litigation disputes in academic circles and the Ming and Qing dynasties as a whole,and the concept of "civil" is defined;then,the concept of appeal is expounded again through the analysis of the concepts of Beijing control,percussion and Yue;finally,the value and function of civil appeal in Ming and Qing dynasties are discussed through the perspective of modern appeal function;The second part mainly discusses the civil appeal in Ming and Qing dynasties.It mainly includes discussing the subject of civil appeal,the conditions and methods of civil appeal.This chapter discusses the subject of appeal,and it is also the innovation of this paper.The third part mainly discusses the acceptance of civil appeals in Ming and Qing dynasties.This part discusses the administrative organs of civil appeals and the examination of civil appeals after they were accepted in Ming and Qing dynasties.The fourth part mainly discusses the judgment of civil appeal cases in Ming and Qing dynasties.This part first summarizes the trial and judgment of civil appeal in Ming and Qing dynasties,then makes an empirical analysis of civil appeal cases in Ming and Qing dynasties.The fifth part mainly discusses the characteristics of the civil appeal system in Ming and Qing dynasties.This paper compares the similarities and differences between civil appeal and modern appeal in Ming and Qing dynasties from three aspects: the filing of civil appeal,the acceptance and trial of civil appeal,and theadjudication of civil appeal cases,so as to draw the unique characteristics of civil appeal system in Ming and Qing dynasties.