Study Of Xiang Xing Yi Fan

The Xiang Xing Yi Fan is the verdict written by the push Officer of the Pingyang government of the Qing Dynasty.It is now stored in the Qixian County Library in Shanxi Province.This article takes the judgments and official documents in the Xiang Xing Yi Fan as the basic materials and research objects,supplemented by indirect evidence,to see the role of the push Officer in the entire judicial system in the early Qing Dynasty and its operational characteristics.The structure of this paper is mainly divided into three parts: introduction,body and conclusion.The introductory part mainly describes the basis of the topic,the value of the research,the research methods and the main innovations.The main part is divided into eight chapters.According to its nature,it can be divided into two main parts,namely literature research and content research.The first two chapters of this paper are literature studies,and the remaining chapters are content studies.The content of the first chapter is based on the relationship between Mao Kui and the Xiang Xing Yi Fan.Using the local chronicles and the information in the text,the author first examines the author's life experience and outlines the outline of Mao Kui's life.Secondly,it describes the career of Mao Kui as an official,verifying his tenure and the assessment obtained;then discussing the origin of the Xiang Xing Yi Fan,expounding the connotation of “Xiang Xing”,and explaining the origin of the title and the existing version;Finally,I talked about Mao Kui's “Auspicious punishment idea”.The content of the second chapter is based on the compilation of Xiang Xing Yi Fan.First,it examines the identity of the preface author,the author's life,the time of the preface,and the relationship between the author of the preface and Mao Kui,and points out the value of the information contained in the preface.Then discuss the volume name and internal composition of each volume,as well as the number and characteristics of each volume.The content of the third chapter mainly studies the stylistic nature and stylistic features of the Xiang Xing Yi Fan.Through the analysis of the stylistic nature of the documents included in the Xiang Xing Yi Fan,the book was characterized as a compilation of judgments.Then,from the three aspects of title characteristics,linguistic features and content characteristics,the stylistic features of the Xiang Xing Yi Fan are analyzed.The content of the fourth chapter mainly discusses the judicial procedures of the localities in the early Qing Dynasty and the judicial functions of various organs.At the beginning of the Qing Dynasty,local trials were generally divided into four levels.Zhou Xian,Fu,Dao,Si,and Yuan assume different judicial functions.The Zhou Xian is in the early stage of the trial.The county magistrate mainly assumes the judicial function of the first instance;Fu belongs to the second-level trial level of the whole trial activity.The officials mainly review the cases and supervision reported by Zhou and Xian.Dao mainly examines the subordinates to report the cases and plays a role in the transfer;Si is in the third trial stage throughout the trial,mainly Review the cases reported by Fu and Dao;Yuan is in the fourth trial phase throughout the trial and is primarily responsible for the judicial function of auditing and reporting.Judging from the collection of Xiang Xing Yi Fan,it can be seen that Zhou Xian,Fu,Dao,Si,and Yuan each played their respective judicial functions.The content of the fifth chapter is mainly centered on the Xiang Xing Yi Fan,and it also adopts the circumstantial evidence to explore the judicial trial function of the official in the early Qing Dynasty.At the beginning of the Qing Dynasty,as a full-time judicial officer at the government level,the government was mainly responsible for reviewing the cases transferred by the state and the county,hearing the cases submitted by the superiors,directly accepting the cases of the people,and hearing the cases assigned by the central government.With the help of the judgments contained in the Xiang Xing Yi Fan,the judicial trial functions undertaken by the Qing Dynasty government officials can be restored more realistically.The main content of the sixth chapter is discussed the trial basis and settlement principle of the cases included in the Xiang Xing Yi Fan.According to the nature of legal relations and according to the classification methods of recent and modern legal cases,the cases included in the book are roughly divided into two categories: criminal cases and civil cases.Whether it is a criminal case or a civil case,it follows certain methods and procedures,and it also has certain rules to follow.In the process of trying various criminal and civil cases,the judicial officer must implement the hard requirements of the law,but there is some flexibility.It can be seen from the judgments contained in the Xiang Xing Yi Fan that the trial of criminal cases is generally strictly applicable to laws and cases,and the handling of civil cases is flexible.The seventh chapter is based on the judgments of Xiang Xing Yi Fan and discusses how Mao Kui implements “Xiang Xing” thought in judicial practice.In a nutshell,it is mainly reflected in three aspects,namely,it is based on broadness,does not hurt innocent,and pays attention to reason.The eighth chapter mainly supplements several issues,including the value of the book Xiang Xing Yi Fan,the impact on later generations,the misplacement and inadequacies in the text.