A Study Of The Official Restrictions On Lawyers In The Qing Dynasty

In the Qing Dynasty,the legal pettifogger as a special group received extensive attention.Legal pettifogger either use knife and pen kung fu to twist the fact and are called villains,or they are called the incarnation of justice for others.From the perspective of the development of adjudicators in each dynasty,the status of the legal pettifogger is slightly embarrassing.The activities of the legal pettifogger can be roughly divided into four categories,namely,writing pleadings,consulting and planning litigation,negotiating with officials,teaching and disseminating litigation.Writing pleadings for others is the main activity of adjudicators,and the writing of pleadings is particularly important for the acceptance of cases.Therefore,the legal pettifogger will use various techniques and methods when writing pleadings.When the legal pettifogger is involved in a lawsuit,the legal pettifogger will also advise the litigant.In order to provide the parties with the convenience of litigation,the legal pettifogger will use various methods to negotiate with the officials.As an important litigation textbook,the legal pettifogger 's secret book is an important tool for the legal pettifogger in teaching and disseminating litigation.Through learning the legal pettifogger 's secret book,the legal pettifogger 's writing skills have been improved.However,the situation of the legal pettifogger is not optimistic,and the government adopts a repressive and restrictive attitude towards the legal pettifogger.Regarding the behavior of the legal pettifogger writing pleadings on behalf of others,the Qing Dynasty officially established a system of official letters,which also raised the standard for writing pleadings.In order to prevent the legal pettifogger from instigating the common people,the Qing Dynasty also specifically set up the crime of "instigating litigation",which imposed severe penalties on the actions of litigants instigating litigation.Negotiations between the legal pettifogger and officials often affect the trial of cases,so the government has adopted various measures to reduce the contact between legal pettifoggers and officials.Faced with the activities of the legal pettifogger teaching and disseminating litigation knowledge,the legal pettifogger ordered the ban on litigation books,and at the same time encouraged people to use mediation to resolve disputes and reduce litigation.The legal pettifogger suffers from official restrictions and is affected by many factors.In terms of internal factors,legal pettifoggers have many ills,and certain activities of legal pettifoggers not only disrupt the normal legal order,but also have an adverse effect on the lives of judicial officials and ordinary people.In terms of external factors,the official attitude towards legal pettifogger was affected by the system and culture of the time.On the whole,the official restrictions on legal pettifogger in the Qing Dynasty have achieved certain results,but the legal pettifogger did not disappear under official restrictions.In fact,the existence of legal pettifogger satisfies the public's demand for litigation under a simplified judicial system in a certain system.We should give the legal pettifogger a fair and objective evaluation based on the specific background of the times.Through the phenomenon of litigators,thinking about the current legal system construction in our country in a localized environment.