Study On The Specialization Characteristics Of The Joint Trial System In The Qing Dynasty

The joint trial system has a long history and reached its peak in the Qing Dynasty.The system of joint examination had its origin for a long time and reached its peak in the qing dynasty.It refers to the organization form that many people tried major and difficult cases together in ancient China.In the qing dynasty,the system of joint trial can be divided into trial form of joint trial and trial record form of joint trial.The ministry of punishment,as an institution with"special powers of the ministry" in the joint trial system of the qing dynasty,held a dominant position in both forms of joint trial,and as the highest level special judicial institution,it was known as "the place where the world's names of punishment are gathered",so it is said that "special powers of the ministry".When it comes to the system of joint trial,the traditional view holds that it has the characteristics of "administration and administration of justice",and is even the means of the king to "whitewash cool politics".This article through to"launched a remit at" and "the lighter case assembly about came in case the analysis found that punishments officials not only has a solid professional foundation,consummate the law of science literacy,and in the judicial practice also demonstrated subtle legal reasoning technology,the law has a positive article,strict "broken imperative",when the law has no clear stipulation,citing a case,said the post,set the content of the punishments such as traffic to make up for the statute law loophole,formed the punishments internal audit mechanism;In the joint trial of serious cases,when other judicial departments have different opinions,they can propose "contractors" to the department of punishment,while the department of punishment must make "signatures".This process constitutes the external inspection mechanism of the department of punishment,and provides external impetus for the professional development of the department.In addition,the development of the system of trial and transfer and the reform of the mechanism of selecting and employing persons for the ministry of punishment in the qing dynasty also provided the institutional background for the specialized development of the ministry of punishment.Through case analysis,this paper holds that the value orientation of love,crime and consent,the judicial spirit of emphasizing evidence and fact,and the actual effect of judicial supervision function of the joint trial system of the ministry of punishment in the qing dynasty all reflect the professional characteristics of the joint trial systemThis paper will elaborate from the following aspects:The first part is an overview of the joint trial system in qing dynasty.This part firstly introduces the historical origin and evolution of the system of joint examination,which originated in the western zhou dynasty,developed in the sui and tang dynasties,and was perfected in the Ming and qing dynasties.Secondly,it expounds the characteristics of the joint trial system before the qing dynasty Paper operation background,the analysis of the system of the qing dynasty came as a review system to the development of examing and punishments mechanism on the basis of change of choose and employ persons,this paper introduces the system of the qing dynasty came the types of judicial organ and the punishments,Dali temple and DouChaYuan central judicial organ to make introduction,and on the trial judge,autumn judge,Dan circle and hot trial came types such as detailed in this paper.The second part is the selection and management of the officers of the ministry of punishment in the qing dynasty.This part first introduces the selection and appointment of officials of the ministry of punishment,including the organizational setup of the ministry of punishment,the composition and responsibilities of the internal personnel of the ministry of punishment,and the changes in the relationship between the ministry of punishment and the ministry of punishment.Secondly,it introduces the command of the ministry of punishment.The ministry of punishment is in charge of a wide range,so it has the "ministry of special power" said.Finally,it introduces the preparatory work done by the criminal department before the joint trial system starts,which mainly consists of the chief officer of the criminal department issuing instructions and making a definite judgment.The third part is the specialization characteristics of the joint trial system in qing dynasty,First of all,the paper analyzes the reason of the "special weight of ministry power" in the joint trial system of the qing dynasty,and explains the leading role of the joint trial system played by the department of punishment,which is the place of "the world's collective collection of names of punishment",from the relationship between the department of punishment,Dali temple and the imperial court.Secondly,it analyzes the good legal literacy of the officials of the ministry of punishment.For example,the ministry of punishment has a strong atmosphere of reading laws,and its officials have written a lot of legal works,Finally,it introduces the fine judicial skills of the officials of the ministry of punishment in the joint trial system of qing dynasty.When there are positive articles in the law,strict "sentence and order";When the law is not clear,the criminal cases within the ministry of justice are cited to fill the gap in the law.Because the case is made within the criminal department,this paper calls it the internal inspection mechanism of the criminal department.When there are two discussions between the three justice departments,the Dali temple and the capital inspection court can ask the ministry of punishment to sign the contract,and the ministry of punishment needs to sign the reply,Although there are few records on the situation of the signatory,it still plays the role of external supervision on the ministry of punishment to a certain extent,which is called the external inspection mechanism of the ministry of punishment in this paper.The fourth part is the evaluation and analysis of the specialization of joint trial in qing dynasty.Through the analysis of historical facts and cases,it is found that the ministry of punishment embodies the value orientation of harmony between love and crime,the judicial spirit of emphasizing evidence and facts,and the judicial supervision function of the joint trial system,especially the autumn trial system.