Study On The Cases Of Military And Civil Infringement In The Ming Dynasty

Military and Civil infringement in the Ming Dynasty refer to the criminal and civil cases caused by the disputes between the military families under the control of Wei and the non-military people under the control of prefecture,involving marriage,land and other interests.Because the case involves the army,the local government and the military and the people,it has complexity and particularity,and its trial is different from the simple case of soldiers infringement or civilian infringement.The Ming Dynasty inherited the old system of the Yuan Dynasty,implement "matching household duty",military and civilian belongs to different census register.The military belongs to the Wei and the people belong to the prefectures and counties,which administered separately.Due to the staggered distribution between Wei-suo and other prefectures,the soldiers of Wei-suo lived in a mixed place with the people of the prefecture and county,so interest disputes and lawsuits often occurred in the daily contact and communication.In this regard,the Ming Dynasty continued to use the Yuan Dynasty’s "Yue-Wen" system to deal with the cases of military and civilian crimes.For the special cases of mutual infringement between the army and the people,the Ming Court adopted a different method of interrogate.In the actual process of execution,Yue-Wen is often affected by subjective or objective factors and cannot be carried out normally.The Ming government often adopted various means,such as setting up special officials,changing the way and time of the interrogate,severely cracking down on the behavior of the breach of the interrogate,sending central judicial officials to various places to review records,and ordering officials of the department of interrogate and inspection to supervise the officials of the interrogate,so as to actively promote the smooth implementation of the interrogate and solve the problems caused by the invalidity of the interrogate.This paper takes specific cases of military and civilian infringement as the starting point,and probes into the background,types,characteristics,treatment methods and means to relieve the dilemma of the Ming Dynasty military and civilian infringement.The infringement between the army and the people in the Ming Dynasty is closely related to the social reality at that time,so it is not only a judicial case,but also reflects the social evolution of the Ming Dynasty.