| The ancient legal cases are records of litigation and trial activities in Chinese history.The Political Achievements of Huai Qing,as a collection of sentencing documents,mainly includes a total of 135 cases,including criminal cases involving human life and fighting,as well as civil cases involving household marriage,land and residence,inheritance and so on.Through the study of these judicial precedents,we can show the operation status of a specific region to the grass-roots judiciary.This paper will look at the real situation of local judicial decisions in the Qing Dynasty based on this material.The research will be carried out from the following perspectives:In the introduction of this paper,it is mainly divided into three parts to introduce the basis of topic selection and style of writing.In the raising of the question,it affirms the valuable significance of the sentinelets as literature materials,and explains the reasons why this paper chooses the sentinelets as the research object.This paper takes the issue of legal adjudication in the Qing Dynasty grass-roots judiciary as the main line,and 135 cases included in "Huaiqing Political Achievements" as the materials to study specific cases in order to restore the specific circumstances of local judicial adjudication at that time,and to verify the relevant issues of legal adjudication.Next,the paper relies on the existing research results of literature review,including the current academic research status and the selected "Huai Qing political achievements" related research two parts of the study,in order to play a role in summarizing.The main content of the first chapter is to explain the standard of this article.This paper selects the "Qing Dynasty Regulations" as the standard,classifies the specific cases in "Huaiqing Political Achievements",and measures whether the relevant cases are judged according to law in the following text.On this basis,the contents of the relevant cases are briefly introduced according to the standards,including marriage,land and residence,money debt,household service;The criminal law section deals with human life,fighting,committing rape,theft and false accusation.The second chapter and the third chapter are the main part of the article,which mainly take the legal judgment as the clue,and specifically investigate the family law and criminal law cases of "Huaiqing Political Achievements".The second chapter mainly introduces the subject of adjudication according to law through the introduction of the civil cases of "Huaiqing Political Achievements".This chapter focuses on the family law cases that account for the main part of "Huaiqing Political Achievements".Through a specific investigation of the family law cases,the author believes that the judgment of such cases more shows the influence of extra-legal factors on the judicial judgment,that is,the majority of cases did not present the situation of adjudication according to law.Chapter 3 is the continuation of the second chapter research train of thought to the achievements about tree "in criminal cases as the research material,because its are sentenced to suffer in the criminal case itself is limited,and focus on involving murderer" seeks the correct thing "killed and fights industry" road kill "two case,mainly by discussing fight this case,and combined with other sentenced to suffer the relevant case to discuss the legality of the ruling.It also includes the relevant cases involving false accusation as a criminal charge,so as to discuss the implementation of relevant criminal laws in local judgments and whether the relevant cases are adjudicated according to law.From these cases,it tries to refute the theory that criminal cases are adjudicated according to law from the performance of the case of"Huai Qing’s political achievements",and further leads to the analysis of the causes behind the following.The fourth chapter in the above on the basis of a detailed analysis of "Huaiqing Achievements" case,further "Huaiqing Achievements" reflected in the judicial judgment of the summary and induction.On this basis,the author tries to analyze the cause of the case adjudication in "Huai Qing’s Political Achievements".It mainly combines the traditional rational thought,the provisions of the legal provisions and the multiple identities of the magistrate.The conclusion part elaborates the complexity of the basic judicial problems reflected by the ancient sentencing slips discussed in this paper.At the same time,through the view of the ancient and modern society,the author puts forward that the factors outside the law still play an important role in the judicial dynamics of the contemporary society,and points out that although there are many differences between the ancient and modern legal systems,it is necessary to study the ancient precedents and slips to see the judicial dynamics at that time,because the objective of fairness and reasonability is the same value pursuit in the ancient and modern times. |