Research On The Judicial Function Of The Criminal Department In Ming Dynasty

Ming Dynasty was a highly developed and mature dynasty of monarchy and political system in ancient China.Local power was centralized in the central government,and central power was centralized in the emperor.Under such historical conditions,the judicial function of the Ministry of Penalty of Ming Dynasty also has its own historical characteristics.Although the main system at the beginning of Ming Dynasty inherited the old system of the Tang and Song dynasties,but it created a new judicial system in practice.Under this new system,the establishment of the Ministry of Penalty of Ming Dynasty was not only very different from that of the Tang and Song dynasties,but its charge also changed dramatically.The Ministry of Penalty changed from the former central judicial administrative organ to the central judicial judicial organ of Ming Dynasty.The judicial function of the Ministry of Penalty occupies a unique position in the central judicial power of Ming Dynasty,which can be said to be one of the core of the central judicial power of Ming Dynasty.From the brief review of the history of the Ministry of Penalty in the past,the Ministry of Penalty Ming dynasty was an important state institution which based on the combination of the central judicial and administrative institutions.It different from the previous generation.As far as the establishment of the Ministry of Penalty institutions of Ming Dynasty,the Ministry of Penalty of Ming Dynasty was established in the first year of Hongwu.In the sixth years of Hongwu,there were four affiliates: Zong,Bi,Duguan,and Simen.In the eighth years of Hongwu,it adds four affiliates.In the thirteenth years of Hongwu,it is still divided into four divisions.It changed Zong to the Xian in the twentieth years of Hongwu,and the latter four affiliates evolved towards refinement and specialization.Like any feudal dynasty in the Ming Dynasty,the emperor had the highest judicial power.As the central judicial organ,the Ministry of penalty was also the central organ responsible to the emperor.This article mainly analyzes the functional positioning of the Ministry of penalty from the aspects of the establishment,trail grades and its functions in the Ming Dynasty.Judging from the judicial functions of the Ministry of Penalty,it is responsible for the trial of most cases of the capital.The other departments will transfer the cases to the Ministry of Penalty.The Ministry of Penalty accepted cases of the capital must be first through various capital ministries,whereas not to be accepted.The capital cases of the Ministry of Penalty mainly come from the following situations:(2)transfer of the ministry which is in charge of soldiers and horses.(3)transfer of censors.(3)transfer of Jinyiwei.(4)transfer of Dongchang.(6)transfer of Liukejishizhong.(6)other ministries.The Ministry of Penalty assigned to the Thirteen Qing official department to conduct trials and make judgments in accordance with certain trial procedures and principles.The Ministry of Penalty is also responsible for reviewing cases of imprisonment,torture and death Penalty in Zhili and all provinces.The cases must be reviewed by the Ministry of Penalty before submission to Dali Temple for review.In the reign of Hongwu,the cases all be sent to the Ministry of penalty or Ministry of Supervision by Anchashisi,Duzhihuishisi and Duzhihuishisi.Participation in the joint hearing is another judicial function of the Ministry of Penalty.The joint hearing is a distinctive trial form in the central judicial trials of Ming Dynasty.The joint hearing in Ming dynasty fully reflected the importance of the punishment of prudence.This article mainly explain the operation of the judicial functions of the Ministry of Penalty in the Three divisions trial,the Palace Trial and the heat trial.In the process heard a case,the judicial organs sometimes unavoidably will encounter a few complicated cases or major cases which cannot be solved by themselves.Under this circumstance,Ministry of penalty,Dali temple and Ministry of Supervision heard cases jointly,named Three divisions trial.Shenlu is a judicial trial activity that judged major cases which is mainly by Ministry of penalty,Dali temple and Ministry of Supervision,with other judicial ministries or institutions appointed by the emperor.The Ming emperors emphasized the judicial principles of prudent punishment,so is the purpose of Shenlu.As one of the three law divisions,the Ministry of Penalty is naturally under the supervision of the Dali Temple and Department of Supervision.As the highest review agency of Ming Dynasty,Dali Temple supervised the cases of capital that had been judged by the Ministry ofPenalty,reviewing cases of imprisonment,torture and death Penalty in Zhili and provinces.Ministry of Supervision Supervise the operation of the judicial functions of the Ministry of Penalty by reviewing the trial process and reviewing cases that have gone wrong.As the central judicial judicial organ,the Ministry of Penalty of Ming Dynasty had distinctive features in judicial functions.This article mainly expounds the characteristics of four aspects,including the clear scope of the trial level of the Ministry of Penalty,the separation of trial and judgment,the dominance of trial activities,and the dependence on the imperial power.Although the exercise of judicial functions of the Ministry of Penalty played a significant role in the operation of the judicial system of Ming Dynasty and so on.It played a positive role in prudent punishment in Ming dynasty,forming a stable judicial system and improving the judicial system in Ming dynasty.But due to the influence of the interference of the imperial power and the non-cooperation of the three interdependent judicial departments and so on,the judicial functions of Ming dynasty have disadvantages such as the excessive trial power of the Ministry of Penalty,low trial efficiency,interference by other powers and unreasonable interference by the Dongchang and Jinyiwei.It affects the effect of the judicial functions of the Ministry of Penalty.