Reach On “Official Grant Public Survey” In Local Trial Qing Dynasty

As the last dynasty of China,the Qing Dynasty has accumulated deep traditional legal resources.With the successive excavation of litigation files in many places,scholars in various places have deepened their research on the legal rules and legal systems of the Qing Dynasty and many new ideas have been developed for contemporary institutional design,such as from “official batch of polls” system to entrusted mediation system.The object of this article is a special method of obtaining evidence from local trials in the Qing Dynasty,which is called “official grant public survey”.It refers to a mode of judicial operation that after accepting the case and before the formal court hearing,the county officials in the Qing Dynasty ordered the civil organizations to report the relevant situation to the government after understanding the case and investigating the evidence in detail,and then the county officials concluded the case accordingly.Based on this theme,this article focuses on the following five parts:The first part is the existence basis of forensics system,which is called “official grant public survey”,including social and legal basis.The social basis is mainly based on the current situation of local social litigation in the Qing Dynasty and the background of acquaintance society,while the legal basis focuses on the central and local legal regulations and local judicial practice at that time.And then explain in detail the reliance on the existence of the “official grant public survey” forensics system.The second part is the basic situation of “official grant public survey” forensics system,including the types of cases,subjects and contents of execution.The types include cases of marriage and family disputes,cases of house and land disputes,casesof money and debts disputes,and cases of minor criminal disputes.The main subjects of implementation are non-governmental authoritative persons including clan neighbors,village security,and the chief guest of the industry.The implementation content includes investigating land boundaries,checking deeds and checking injuries.The third part is the operation procedure of “official grant public survey”forensics system,from the order of the government to assist the collection of evidence,to the collection of evidence by the civil persons according to the order,and then the court settles the case according to the evidence hall.This is the complete process of the “official grant public survey” forensics system.Of course,not all cases must go through the entire process,and there may be corresponding system deformation.The fourth part analyzes advantages and disadvantages of “official grant public survey” forensics system.The forensics system reduces the cost of litigation,improves the efficiency of case trials,reduces the difficulty of case investigations and strengthens local control,but also has disadvantages,mainly due to the main body of the investigation and evidence collection,such as lack of neutrality,enthusiasm and professionalism.The fifth part is the comparison and enlightenment of “official grant public survey” forensics system and the current investigation order system.After comparing and analyzing the two systems,try to provide suggestions for improving the construction of the current investigation order system.It mainly includes appropriately increasing the methods of obtaining investigation orders,appropriately expanding the object of the investigation order insurance and increasing the government-civilian cooperation resolution of the disputes,so as to make use of the research significance of “official grant public survey” forensics system and to make the investigation order system more suitable for the development of modern society.