A Study Of The Trial Features Of The Tower Scenery Pavilion Official Document"

The "Tower scenery pavilion official document" Record recorded the basic situation of Xu Wenjun's magistrate's administration and law enforcement when he served as the official seal officer of Jurong County,Jiangsu Province during the late Qing and early Republican periods.It is of great value to study the judicial status of grassroots officials in the prefectures and counties during the late Qing Dynasty and the early Republic of China.This article takes the court judgment in the case as the main research object,and mainly uses the inductive method to sort out and study the Xu Xianling's trial characteristies and its methods of resolving grassroots disputes.Provide some reference for resolving the grassroots disputes in China,And in a cross section,it reflects the basic judicial situation of Jurong County,Jiangsu Province in the late Qing Dynasty and early Republic of China.This article first summarizes the characteristics of Xuxian's trial cases reflected in the judgment from a general perspective,including the role of evidence and reasoning in the verification and determination of the facts of the case,and the measurement of various influencing factors in the trial of the case.Inducing patriarchal etiquette,the golden mean thought,custom farming time,etc.Through further analysis of the status and role of judges in the process of case trials,a deeper understanding of the judicial situation in the Jurong area in the late Qing Dynasty and early Republic of China.Then classify the cases in the case according to the different nature,and find out the rules that Xu Xianling showed in the process of different types of cases.Discusses the different trial methods and their causes of "non-governmental incidents",serious criminal cases and administrative cases.The emphasis is on the applicable conditions of two different dispute resolution methods and their regularity.Finally,it summarizes the characteristics of loving the people and showing the people in the case,and analyzes the reasons that may cause this phenom enon,including the pursuit of tie goal of the harmonious family and the dose neighbors from the perspective of "parent officials"and the realization of the effect of appeals.Although this traditional pursuit of judicial value has certain disadvantages,it is more reasonable in the context of the local social and historical background at that time,and it is also consistent with China's traditional etiquette system.By analyzing the trial handling of specific cases in the case,the author also reversed the inherent cognition of the weak legal awareness of the grassroots in modem society.At least in the Jurong area,it is not uncommon for grassroots to use the law to safeguard their legitimate rights and interests.These rights include not only the right to life and health,creditor's rights,marriage rights,but also the right to use,ownership and neighboring rights,which are very rich.He has a deeper understanding of the skills of grassroots judicial officials in the late Qing and early Republican period,represented by Xu Wenjun.For example,grasping the core of the dispute,grasping the human condition,understanding and inferring the psychological motivations of the parties to the dispute,and the methods of coordinating the interests of all parties.I also hope to bring some possible enlightenment to today's grassroots judidal work and provide a certain reference for resolving grassroots contradictions.