Research On The Role Of Litigators In The Process Of Judicial Litigation In Ming And Qing Dynasties

This paper takes the analysis of the activities and roles of litigators at different stages in the process of judicial litigation as the basic logic,then,on the basis of adhering to the image of litigators determined by existing research,around the general flow of judicial litigation activities,using more abundant cases to reveal in detail the help,cooperation or collusion relationship between the multi-faceted litigators and litigants,principal officials,clerks and other subjects or groups,such as participating in the non-litigation handling of civil and criminal disputes in the pre-litigation stage,writing complaints on behalf of the litigants,and plotting the strategy of filing a complaint;bribing officials and clerks,instructing litigants to make confessions and debates,forging or altering key evidences,gathering crowds to resist the law and coercing power,and negotiating with clerks in the post-litigation stage;helping the litigants to challenge misjudgments and request a fair retrial in the post-litigation stage.So we can further understand the role of the litigators as a system element in the social judicial field and power field in the Ming and Qing dynasties,and interprets the restraint,adjustment,balance and even the judicial operation played by the litigators in the realization of social justice and power order and judicial operation.The performance of the upgrade is both dynamic and structural.Through the investigation of the positive or negative role of the litigators in the whole process of judicial proceedings,this paper further interprets the prerequisites for the realization of the role of the litigators in the process of judicial proceedings in the Ming and Qing Dynasties from three aspects.First,by sorting out the shortcomings or omissions in the judicial litigation system and its operation in the Ming and Qing Dynasties,it analyzes the catalysis and promotion of the social and legal environment to the development of the group of litigators and their functions;second,from the perspective of social system and structural functions Understand the basic significance of summarizing,sorting and disseminating specialized litigation knowledge for the professional development of the litigators group and the formation of unique social functions;thirdly,from the perspective of law and economics,examine the rational considerations and disputes of the people involved in litigation in the Ming and Qing Dynasties on whether to delay the litigators.Therefore,we can understand the social foundation and "market demand" of the Ming and Qing litigants in their active period.Finally,it explains why litigation lawyers encounter completely different social understanding and evaluation in long-term practice and existing research reviews from the following aspects: the deviation between the mainstream social concept of non-litigation and litigation assistance activities,the choice between the personal cost of officials and social welfare,the lack of awareness of the bottom line and the lack of reputation maintenance.As a result,there are serious divergence of the image of litigants who are "cunning and extorting" or "helping others to protect their rights through litigation",as well as the extreme differences of the role evaluation of "arbitrarily breaking the law" or "promoting judicial transformation".