Trial System in Ancient China Dynasty (Part One)

Keywords: Mixed system / Shen criminal / Concurrent Judicial / Value Judgement

Summary: Mixed major difficult in ancient China, the main form of trial in criminal cases, since the Western Zhou Dynasty already have, after several years of history and development, and gradually mature and standardized, institutionalized the Ming Dynasty. Its formation is thought Cautious Punishment a typical manifestation of justice and administration and management of alternative performance, while the joint hearing of our judicial system is an important symbol of democracy in the bud. As the judicial system in ancient China, an important component, mixed system adapted to the needs of the authoritarian political system, with its own features. in a particular historical period, mixed system has its special value, play a positive role. However, mixed system is also very obvious limitations on judicial activities today can be described as deep-rooted impact.



If modern society to achieve justice through the judicial system in theory but just a basic proposition, then the joint hearing system is the pursuit of justice in ancient China, the typical realization of social justice norms. Trial System in Ancient China has a long history, rich content, it The formation of Youzhao profound ideological background and basic aspects of the political system, the system in a particular historical period has its special value, building on today's judicial system has some reference value, today's Death Penalty in China's Supreme People's right to Shougui Court, in fact, the value of China's ancient heritage Trial System. Of course the limitations of such a joint hearing system is also very obvious. Today's the reason why the administration of justice with a certain amount of administrative color, may wish to find the answers from the Trial System. Therefore, Present Mixed System of Ancient China still has important practical significance.

First, the Joint Hearing System history
Joint hearing, by definition, is "in conjunction with trial" means that it is the ancient Chinese people were a major trial or special types of cases difficult form of organization. If scholars said, "so-called Trial System, is the trial of criminal cases in the process, the more significant cases, the case is more complex, judicial officials in the trial alone can not make a decision, you must invite other relevant organizations attended hearing. "[1] (P.234, however, does not appear in the ancient books," Mixed "a words. <<Cihai >>,<< speech source>> and other books which are also not give any explanation for its just in the "<Judicial Dictionary>" and "The <Peking University Law Encyclopedia>> find the" Mixed Division Three " term, actually refers to the Tang Dynasty, "three Division Judge," or interpreted as an ancient Chinese system of joint trials and review. Moreover, Chinese history, the different periods of the "Mixed" the call is not the same. such as the Han North Korea's "hybrid governance", the Sui and Tang's "three Division Judge" and "three Division to" Ming's "Jiuqing round trial," "toward trial" and "hot audit" and so on. "joint trial," the word in fact descendants of ancient Chinese officials and criminal proceedings of certain major or special trial judge and the case known.

Trial System in origin when, scholars are divided. Some scholars believe that: early Western Zhou Dynasty had been a judge or at least a joint hearing of the system prototype, and (Note 1: to hold this view articles Gongfu Wen: "Ancient Chinese Judge Trial System "," <HISTORY>> 1992 No. 6, Ao Hui, Xu Xiaoguang: "Trial System in Ancient China thinking", "<Ethnic UNIVERSITY" "(Philosophy and Social Sciences 1, 2005 period. Another scholar said: Trial System, the legal justice system in ancient China in the development of important content, dating back its origin may be the beginning of the line of study in the Han Dynasty "Prisoners system", (Note 2: Du forward, Qu Xiao Spring: "On Trial System in Late Imperial China", http://www. law-lib. com / lw / lw_view. asp? no = 89452008-3-18. and scholars generally believe that the system began in the Tang Mixed North Korea. (Note 3: more than academic support that view, see Chen Medium: <"China Ancient justice system>>, the masses Press, 1984 edition, p. 111, Xuemei Qing et al: <" China Legal History is issued>> Higher Education Press, 1990 edition, p. 298.

In fact, the practice of joint hearing of criminal proceedings, in our country has long been. The Western Zhou Dynasty, there are two recorded in history books and the "Mixed"-related content, one is <<Zhou. Adam. Small Sikou>> in the "Three among the thorns off the common people of First Instance of the prison: an inquiry said ministers, second is information Qun Li, third is hearing the people, listen to the people of the thorns forgive, to facilities serving the sentence on the dose. "means: through the examination three times to make off-trial proceedings against civilians is correct: The first questioning ministers, and second, questioning Qun Li, III is questioning people. listen to their opinions to decide Heaven or leniency, decided to use heavy penalty or light punishment. that is the "three prison break thorn ", which fully reflects a historical fact: the Western Zhou Dynasty, when faced with difficult cases, in the verdict before the judges must consult with relevant officials, including people's views. together the views of many officials and the public to be dealt with on difficult cases generally as a "prototype joint trial", the second is <<Book of Rites. kingship> "was Written on the record:" into the prison speech, as reported in the history of the prison is, is listen to it, is to report on prison Big Sikou, large Sikou hear the spines of wood under: Big Sikou to prison as reported in Wang, Wang Ming Three Public Participation listen to it, Excellencies to the prison told the king, three and (forgive, then the system penalty. "" Wang Ming Three Public Participation listen to the " that the Association audited the case three weeks, Wang Ming, and then processing by the emperor. Here, Excellencies joint hearing that the time has initially established the Western Zhou system of the joint hearing.

However, mixed system is not unique to China, Western countries have long existed joint trial. In the famous trial of Socrates (Note 4: The ancient Greek philosopher Socrates advocated atheism and freedom of speech, and was falsely accused lured youth, desecration the last to be sentenced to commit suicide. the trial of Socrates large numbers of cases, they are from Athens to enjoy civil rights out of randomly selected citizens, including nobles, a philosopher, but more of a rinse wool , shoes, and doing business, build a house, the blacksmith, farming ... ..., a total of 500 people in ancient Greece, and the last is based on 220 votes 280 votes to determine the results of Socrates to death. In ancient Greece the famous city-state of Sparta, whenever there are major cases, it will form elders from the 28 meetings to hear the parties and the witness statements and make a decision, suggesting that the practice of ancient Greece has long been used in the trial the way Mixed . in Rome <<twelve table method>> (Lex duo decim tabula-rum ninth table <<law> "section of Article II:" The deprivation of a person's life, liberty and nationality of the decision is exclusively Jun Wu General Assembly (Note 5: Army Wu Conference (comitia centuriata the sixth generation of the Roman king of Serbia I Si. Tullius established after the reform. a soldier, a military organization, which is composed of political rights according to the property authorities. In the table the resolution, the Israeli army Ng as a unit, each soldier, one vote, in accordance with the level of alignment in order to vote.'s power. "Here," a soldier, the General Assembly, "also known as the Hundred Group Conference in Rome last years with Wang Cheng of the most powerful Republican era The meeting was the organization of nobles and civilian property owners, whose members shall be to the army military service (17-year-old man, because there were weapons and uniformed soldiers owned by himself. vote, the Israeli army Ng as a unit, its terms of through the law, election officials and senior major criminal appeal cases heard [2] (P.940. to hear major criminal appeal cases, the soldier, the General Assembly is in fact Mixed organizations. and in the aristocratic soldier, the General Assembly before the Assembly is also a Mixed species organization, the army reached the age of three tribes of men (17 years old 60 years old to participate, it is a political and military institutions, and its judicial powers and functions of the death penalty appellate cases and confirmed the adoption, wills, etc. . in accordance with the provisions of, each linked to the 100 cases of infantry and 10 cavalry, 3,000 infantry and 300 form a military contingent of cavalry, a meeting convened by the king, were linked to the unit, one vote each were linked. You can said that Roman law is the earliest origins of Western Trial System. Thus, not our original joint hearing.

As a unique political system in ancient China, mixed system after two thousand years of development continue to complete. Qin and Han Dynasty, one by the Supreme Court Official in charge of the prison Jiuqing power of First Instance, as the judiciary, the Han Dynasty of the major cases, often in conjunction with the prime minister by the Supreme Court Official , Yu Shi Zhongcheng, Captain of common collegiate Sili trial, known as the "hybrid governance." miscellaneous rule that joint trials. <<said Wen Tong training set sound>> "miscellaneous" character says: "Where the hell defendants say more 'complex rule 'of, I still have joint hearing this statement. "criminal investigation and trial of the Han Dynasty is often by the same agency responsible for, and thus" Mixed "is not simply the modern sense refers to the trial, it also includes criminal investigation, copy information, evidence and so on. based on other historical, Han rule, there are three titles Miscellaneous: Miscellaneous Research, miscellaneous bills and miscellaneous Q [3] (P.610. Emperor Ai, the interest rate fu bow, such as a letter to tell Dongping Wang Sun Yun pet plotters committed the crime, "<Han book. Chia-Chuan>> reads: "Tingwei beam phase and the prime minister Eliot, and five Erqian Shi Yu Shi Zhongcheng governance Dongping Wang Yun prison complex." is one example of hybrid governance. As for the major criminal cases in particular, by Emperor convened to hear the Sangong Jiuqing other Chaoguan called "Ting Yi." For criminal cases involving important dignitaries, attended by more Gongqing Baiguan proposed penalty. to the Tang Dynasty, mixed systems have developed gradually standardized. Tang established the above sentence, "Chief Executive with the broken" system, "eight discussion" who committed a capital offense of "assembly hall meetings are" system (Note 6: the enjoyment of "Eight discussion" when the privilege to commit a capital offense, to the highest Book provincial government offices of the Chief Executive on the middle of the hall, group discussions, and charges of the plot should be excused, and made reference to the award for the views of the emperor. "meetings are Hall Collection" contained in the <<Codes of Tang Dynasty. Name Cases>> in the "eight proponent" Shu article: Eight Conference prisoners condemned to death who are committed to be recorded death shall sit, and recorded pro, so, Yin, energy, work, diligence, and Philippines, so you should be meeting the like, first played Please proposal. By order, are set meeting hall, the Conference agreed to play. and Mystery, "was the objection" system and so on. There are two major Mixed forms: one is experiencing serious cases in the capital by the supreme court, and the Censor Board of Punishments Taiwan's Executive in conjunction with the trial of the "three Division Judge" and the other is a larger case or around the major place, is difficult in the conveyance of the capital, then sent supreme court, Board of Punishments and Imperial subordinate officials Dali Temple Review do, and monitor the Censor Board of Punishments Yuanwai Lang went to trial, "the three Secretaries of Departments." Song is formed by the supreme court for the, Board of Punishments review difficult cases and sentenced by the court officials set meeting the "courtier hybrid proposal" system. from the body , there are scholars of the Tang Dynasty Mixed Mixed divided into external and internal joint hearing of two [4], the external joint hearing is sent by a different judicial organs of the person concerned a joint hearing conducted by the judicial organization, whether it is three Magistrate Division, or to fall outside the three Mixed Division. is within the joint trial of all trials by the same judicial officials within the judicial organization of the coalition conducted the trial, also known as "post petition with the system." Tang of the same All judicial officers are divided into executive, pass sentence, judge, and the main Code of four grades, they signed in the views of judicial activities, jointly responsible.

Affected by this, the Yuan is the formation of a unique Trial System - "dating" system. On the dating system of the Yuan Dynasty, some scholars have divided it into two levels of broad and narrow: broad dating system means that when something's solution involves two or more disparate systems is the department, handled or resolved in all departments shall, jointly with relevant managers in attendance, presented the views of their respective departments, so as to achieve the overall solution. this level appointment system includes administrative, judicial and other aspects. narrow sense, dating system is the judicial system in the Yuan Dynasty a special litigation system, when the proceedings when the parties belong to different household registration, there are different systems of each other department hearing, and parties to their respective parties have different rights and obligations in judicial proceedings related to the parties when the boss would have to please the scene, the so-called "date" for trial. It should be noted that the Yuan Dynasty "date" system not for the difficult cases, but mainly from the perspective of litigation under the jurisdiction of the design. because, according to the literature the Yuan Dynasty, dating events in the litigation system does not apply to serious criminal offense [5]. and, in the actual implementation process, "dating" system exists only in minor civil and criminal litigation. According to this system, when faced with different household, between different ethnic and monks proceedings, the Government should come forward to the immediate supervisors of the relevant residence invited to hear the. For example, , Confucianism, Buddhism, Taoism and Mutual committed, as long as their "as head of the" person in charge that they are dating together, we can "with the person asking them" [6], for a ruling.

The Ming Dynasty, Dynasty emperor asked: For difficult cases need to be proposed, the set of interrogation methods in conjunction with the Secretary that the three methods by the Central Division - Board of Punishments, supreme court and the Inspector of Hospitals in conjunction with interrogation. Therefore, the early Ming Dynasty there "will be the official trial record "approach, after you frost outside the trial record to Edward Board of Punishments prison inmates in custody, there are three methods to participate in the Division, five Army Military Government, Jiuqing, Branch Road, Police Yi Wei, Offices, and also by co-treatment of many officials and judges cases. Yingzong Tianshun of next three years, formally established the system known as Mixed typical - "towards trial" system: "that every three-year-old Erik frost, the three methods with the public and the Secretary, Hou, Peter Mixed re-prisoners, that the 'DPRK trial', then follow the dynasty. "[7] Since then, toward the annual review as a statutory imperative system. <<Ming Hui Dian>> states:" Where the record outside the five examined, ... ... poor Punishments , supreme court officials and thirteen Chief Secretary to the North and South Zhili, together with Xunan censor, three of the Officials (referring to provincial lieutenant-governor, provincial judge, Douzhihuishi the trial record. death penalty can boast, suspicious, and undocumented thing Zuo Results are those who can, with playing disposal. Act the following flow reduction and other pleasure. "[8] In other words, mixed in the formal institutionalization of the Ming dynasty, developed into a set of Trial System for Mixed types of cases, joint hearing officers, trial methods are the system requirements, forming a circle Jiuqing trial, (Note 7: the six chancery, supreme court of State, left all messengers, such as 9 through the central government to the Chief Executive in Council to review the national system of death penalty cases. or " will Jiuqing and Ju of, that the round trial. "trial heat, (Note 8: started in 1404, in the heat season in custody before the joint hearing by the court officials, inmates pending system whereby, after a year Xiaoman Shi Yuri solar terms, edicts from the Sili Jian, Board of Punishments in conjunction with Inspector of Hospitals, police clothing Wei, supreme court, the Beijing sent officials in conjunction with prison inmates in the trial. Chizhang criminal cases quickly end the trial quickly, thereby reducing flow of such pleasure, escorted to the prison site, the fact ambiguous cases to consult the emperor immediately. and that these must be the end of 6. toward the trial, (Note 9: started in 1459, joint hearing by the court's most senior officials have been convicted death row prisoner executed after the autumn the system. the provisions of annual frost solar terms, by the three methods petitioned the Secretary to review all death in custody of prisoners awaiting execution after the autumn, the emperor approved, decreed princes convened in Beijing, Earl, consort prince, the Cabinet degree, Book and Temple Lang, six, five other senior officials of the military captaincy , hosted by the Board of Punishments Book, held outside at the joint hearing Edward. Grande Instance (Note 10: began in 1481, the emperor sent representatives on a regular basis with senior officials of the court system of joint trial prisoners in custody crime. held once every 5 years by Sili Jian eunuchs to the supreme court on behalf of the emperor, together with three methods recorded in the capital trial detention Executive Secretary of the death penalty tired v. wrong or suspicious, can boast of the pending offense. of the provinces outside the capital by the Board of Punishments and the supreme court sent officials to the provincial capital, together with the provincial lieutenant-governor, provincial judge, the trial record Douzhihuishi and Xunan censor prisoners. whether it is capital or outside the province, the results of trial must be memorialized the emperor for approval. and other joint hearing. As a result, the Ming Trial System is more complete, many participate in joint trial of all court officials, mainly for difficult cases or major cases, the results of trial decision by the emperor, the emperor's final decision or for advice.

In the political and legal aspects of the Qing Dynasty inherited the Han and Tang Song and other parts of the backbone of the feudal system, and be developed, and its judgments norms, legal systems are quite mature and developed complete. The Mixed system, is no exception, in the Ming Dynasty, based on the case of the Qing Dynasty further improved the re-Trial System, the formation of the autumn trial, toward the trial, the trial and other fairly standard heat Trial System, scholars generally agreed that the development of Trial System in the Qing Dynasty to the peak, there have been three Division Mixed, Jiuqing joint hearing, the trial and the DPRK Autumn trial and other systems. Even if the Qing monarchy Nurhaci also firmly believe that: "everything can not be arbitrary one, as a people arbitrarily, will be to the uproar." [9] There is no doubt pay more attention to the rulers of the Qing Dynasty Trial System, re-build the Trial System system: abolition of the Ming dynasty, the great trial system, to retain the heat trial system will fall toward the further development of the trial examination (Note 11: 8 is the annual Lunar New Year in mid to late autumn in Tiananmen Square to the Golden Water Bridge West by military ministers, �ڸ��ѧʿ, Jiuqing, Zhan Shi, president of Branch Road and other central departments and provincial officials to report in conjunction with review of cut, cutter Hou trials monitoring system. hearing the results of a question from the Board of Punishments Ya Neck Memorial on the emperor, the emperor to make the final ruling. and towards the two Trial System in the trial. Qianlong editing <<Autumn review the terms>> in detail the requirements towards the trial, the time trial in autumn, mixed authorities, jurisdiction and treatment methods, etc., show that the completeness of the Qing Dynasty Trial System .

However, after the Opium War in 1840, with the invasion of Western powers, the establishment of consular jurisdiction, the development of China's legal system into another state, the destruction of judicial sovereignty, the original Trial System in the Mixed system was replaced. Also Anglo-American powers in the Chinese territory that set up the concession, they forced the Qing government set up a special practice in the concession controlled by foreigners, judicial justice, to be responsible for the so-called cosmopolitan mix of cases for trial. Mixed Court of funding allocated by the Chinese government in the name of China's judiciary, but in fact completely dominated by foreign consuls, Mixed initiative in almost controlled by foreign consuls, Chinese officials are mostly symbolic foil, this joint trial is just the name alone is just lost its original meaning.

Second, mixed system, causes the formation of
The history of China's legal system changes each turn, delivery of speech evolution in the specific legal system, legal provisions behind, has a very complex material living conditions and factors of social thought. Trial System is no exception, its formation is thought Cautious Punishment a typical manifestation of justice and administration and management of alternative performance, while the joint hearing of our judicial system is characterized by budding democracy.

(A typical manifestation of thought Cautious Punishment
As scholars have suggested, Gongfu Wen: Mixed system produces more profound as well as its ideological roots, since this is a more mature since the Shang Dynasty, "Text of" thinking, is still regarded as orthodox thinking Zhou rulers. Practice Trial System, it is "Text of" thinking in the litigation system and to reflect the inevitable requirement [4]. Trial System in the formation of ancient China, the first punishment is rooted in careful thought, or joint hearing system is a typical manifestation of thought Cautious Punishment .

Ancient Chinese legal system both "severe penalties" tradition, but also "Text of" and "shirt punishment" in the world. According to historical records, as early as the Shun Shen when there is a sentence Idea. Legend when Shun was appointed the official in charge of the Criminal Code - Gao Yao said: "Yuri had no large, it is no small punishment. crimes suspect but light, but heavy work suspect. Instead of killing is not innocent, rather lost without. the virtue of contact in people's hearts, it is use do not make the Yousi "[10] (P.859. in Gao Yao principles put forward by these laws, which basically means that careful use of torture, now constitute a presumption of innocence in the world's first thoughts, in essence, is" cautious penalty "and "shirt punishment," the source of thought. Western Zhou Dynasty, in the death of the legislative and judicial systems in the sentence to reflect the idea carefully. <<Book. the Policy and>> upload, the Duke of Zhou Cheng Wang of the Patent on the word that "Shu Shu Shen prison, "" hereby style has carefully to the column with the penalty. "king of the Zhou Gongzhong rolled together to be careful in the use of torture in the ruling process, so that very crime, not Jiqingjichong." stab three prison break "and the three cases is the Association of validation a concrete manifestation of this idea, so the history books left in the Western Zhou Dynasty corresponding records.

Since then, the "cautious criminal" has become the rulers of ancient dynasties of criminal legislation and the judicial mainstream thinking, even in the Qin dynasty Legalism felony during the dominant doctrine also advocated "caution torture", Qin Lv of torture to allow judges to implement conditional and generally do not advocate torture judicial officials at every turn. "caution torture" is "cautious" punishment ideas reflected. Moreover, the responsibility of judicial officials Qin Law has special provisions to "loss of punishment" and "straight" and "vertical Prisoners "are three charges (Note 12: The fault of sentencing constitutes a" loss of criminal "offense, intentionally lenient sentence felony or misdemeanor sentenced constitute" straight "crime, impunity intentionally or reduce the sentence if the case so that impunity constitutes a" vertical Prisoners "crime. for judicial officials acting outside the law or dereliction of duty, breach of duty for punishment. This shows that the Qin rulers is to seek judicial handling of cases should be careful not to rush sloppy, especially not capricious and arbitrary. But as the first Qin Dynasty unified authoritarian monarch, the highest judicial authority and the final decision firmly in control in their own hands, with Tingwei as a single judiciary and audit areas assigned by the emperor heard of cases reported, so the trial judge did not enable Mixed mode, even the ruler of Qin not established the relevant Trial System.

Indiscriminate use of torture the late Qin Dynasty Han Dynasty cool to learn the lessons very seriously, "Xu Min" and "Cautious Punishment". "Province about criminal law", "Supplementing" has become the Han dynasty, legislative and judicial guidelines, the case of major collegiate trial of the "hybrid governance" is the administration of justice "Cautious Punishment" representatives. Some scholars believe that the Han "miscellaneous rule" is the ruler of the advertised "Cautious Punishment" and created a judicial organization [11] (P.184. was the central Supreme Court Official competent institution is the trial, and in the event of difficult cases, the central processing in conjunction with senior officials of various departments, such as the Chief Executive of the prime minister as a central help the prime minister hundred officials of the royal doctor are involved in monitoring the administration of justice, the Eastern Han Dynasty chancery under the "Three Cao" and "Erqian Dan Cao" also has some involvement jurisdiction. and also with the higher judiciary by the emperor on the people's review interrogated prisoners, supervision and inspection of prison conditions must subordinate the judiciary to redress a miscarriage of justice and supervision pending a long line of cases that have been decided in conjunction with review of the case known as the "Prisoners" system that is produced in the Han Dynasty, the Han Dynasty, "Xu Min" and "cautious" punishment ideas embodied.

The early Tang Dynasty rulers clearly stated that "careful execution" thinking. Taizong strict accordance with the law requires judges to prevent the abuse of punishment, and the use of torture as one manifestation of caution. For this reason, judges should be emphasized Taizong " A Qingui law does not, the rules of fairness. "At the same time, he advocated" bending the law by the fiscal who will not forgive. "careful trial in serious cases the procedure is more important, this is the role of joint trial. Therefore, Emperor and Requirements: Where a "criminal assignment who Yiling recorded with the Secretary Zou Wen." (Note 13: Emperor as a wise ruler of history, one of his "Cautious Punishment" thinking embodied in the quality of judges, judicial procedures, links, etc., were recorded in the <<Zhenguan politicians>> the <<selection of government officials >>,<< >>,<< loyalty>> in the three volumes. The death penalty shall be "Central books, more than four products under the door and Book, September Hon Emily of. "Tang stressed that is, more than for the heavy flow of criminal cases must be tried a special joint hearing procedures to reflect" careful execution "of the spirit.

Song for the difficult cases are formed by a set of proposals and contracting courtier "courtier proposed hybrid" system, and "Cautious Punishment" thinking are inseparable. After the founding of the Song Dynasty, the offense of the inscription Jun repeal of the former law to the Law of Confucian officials and business deposit Renshu the system. in legal provisions and appointments of officials, a number of concessions than the former. brought in has issued an edict: "Prohibition of non-, is located Act, under the temporary reduction, will service Aijin. "[12] as a penalty for the principles and guidelines, emphasizing careful punishment. Song inscription <<advised caution criminal article>> said: <<Book>> declared:" There should be clear grasp of moral gentleman's case, prudent use of torture, litigation case and is not Liuzhi. "means: all criminal cases heard the officials who should both see the truth behind the case and prudent use of torture, and does not remain the case. Song had" a concern that states were prisoners on the 10th, "and the imperial" Prisoners must attend to personally censor, Wude full-time clerks "[12] to show caution on the criminal law. from the central judicial point of view, a supreme court, Board of Punishments and Imperial Court and the trial of four organs. supreme court is the main judicial organ, the Executive Board of Punishments and administrative jurisdiction of the department, have a higher than the supreme court's jurisdiction and Imperial addition to the task of judicial supervision, there are difficult cases of the functions of the trial, the trial Court for trial review agencies, the supreme court for review by the Board of Punishments after contracting a case, again a more detailed review. four judiciary is often combined a case, the implementation of difficult cases, "Miscellaneous courtier proposed," the joint trial, and after a second review, The level of detail in a sense, more than the Tang Dynasty. There is no doubt that this "hybrid courtier proposed" system is the Song "Cautious Punishment" embodies ideas. Yuan "date" system from the Mongolian rulers "are collected Asian countries, each according to custom, "the country strategy. When the Mongol Empire, the face under so many different nationalities living habits, fully implement the rule of a single means will not work. complex legal subject - between people of different ethnic legal dispute, you have to considering the different folk customs, it was called the management of different ethnic groups, "Mixed", which uses the "date" system to solve them. because the management of different ethnic groups of the folk customs of the nation is to understand and master the This is essentially the performance of the Yuan Dynasty applicable law seriously.

Links to Research Papers Download http://www.hi138.com System of Prime Minister after the abolition of the early Ming Dynasty and re-adjusted the Ministry of Punishments, supreme court and the three methods Censorate Division and other central functions of the judiciary, the Ming Dynasty "by the World Legal Advisors Board of Punishments , Censorate picket, split supreme court is "[7]. Here, the Board of Punishments trial into the central authorities, supreme court during the trial by the organs of the Tang and Song into a review of agencies, Censorate particular portfolio picketing, constitutes both division of labor, but also complement each other, to the central judicial body responsible for the emperor system. While in the late Ming Dynasty, plant health intervention in the judiciary, but for more rigorous management of capital cases, there has been joint hearing of the typical - the annual examination system in the DPRK, For death penalty cases, the supreme court for review in the normal after the fall and winter each year to three methods Division, Jiuqing, scholar and other senior officials, division, and again the trial record, and Memorial on the emperor. which to some extent, reflects the dominant by the administration of justice and supervisory mechanisms of the attention the case of the prison on the disposal of careful trial and punishment, which is the Ming rulers "Cautious Punishment" the embodiment of thought. In addition, From "<>>,<< Ming Dynasty Ming Dynasty>> and < <Continued Book of General>> a large number of records of view, a variety of Trial System in the Ming Dynasty based on the ideological basis of nothing but stressed that "human life to heavy" and not hasty decision, the sovereign loving benevolence, Shen-shirt prison sentence [13 ] (P.409.

Trial System in the Qing Dynasty further improved, but also with "cautious criminal" thinking about. In this regard, "" The Great Qing Hui Dian example> "Lane has written. Yongzheng years, speaking on behalf of Mixed System - autumn trial, the Yongzheng said: "I teach but next sentence so Bute, king of the exceedingly Germany, has never been the occasion of the emperor in the use of torture, although some law, and to the benevolent". "to the benevolent" is "to go to for forgiveness of a strict Law ", in this guiding ideology, the situation where there is a ray can be done by the original decision into the buffer. Qianlong Emperor Shih this also instructed to" law outside the kernel "and" Zhao cautious, "and repeatedly stated that Autumn trial to "blending wider than the strict enforcement can Pingyun", and in order to proclaim the emperor to the people, "the virtue." (Note 14: Two Emperor Yongzheng and Qianlong reign, Qing Dynasty in the Golden Age period, justice, also showed clear and bright and fair, emphasizing caution criminal law. The two emperors on the "cautious punishment," the paper were recorded in the <"The Great Qing Hui Dian examples>> Sijiu eighth forty-six and eighth volumes. Yongzheng and Qianlong The two enlightened ruler of Mixed Qing Shen criminal idea is to perfect the ideological basis of the system.

Shows that the system of Ancient Trial advocated the formation and rulers, "Xu Min" and "cautious fine" and other prudent punishment is closely linked to ideology, the dynasties of the Trial System embodies all from one side of the ruler " Cautious Punishment "spirit.

(B Concurrent Judicial performance of alternative
From the joint hearing of the identity of the participants can see, the ancient Trial System in the political system is determined by the monarch, is the central aspect of judicial administration and management of alternative performance. Because the Chinese rule of the ancient monarchy and an authoritarian and often have to rely on a system, which On the one hand is the "significant conduct of public affairs and decision-making is subject to important officials from the proposed resolution of the DPRK to comply with the statutory national decision-making process" [14] (P.12, that is, the ancient monarchy on the resolution of state policies to focus on the views of many civil and military officials. In such a political system under the Official set in ancient China, there is no strict division of powers. to justice, the nominal charge of three hours, seems to be division of labor, in fact, the joint handling of cases, joint trials [15] (P.4 . but not all trials by the judges, so in 1992, Mr. Gong Fuwen published in the "<HISTORY>> the article" "China Ancient Judge Trial System>> the subject and its" Mixed "is defined as (Note 15: Gong Fuwen that : "Mixed refers to ancient China, some major, difficult or special types of cases, taken from a number of trial judge and a trial system of organization." See Gongfu Wen: "Judges Trial System in Ancient China", "<HISTORY> > 1992 6. The "judge" should be interpreted broadly.

In China, the concept of judges, past and present are different. Legends of the earliest era of Yao and Shun Gao Yao judges. The first contains the word "judges" literature is the Warring States Period <<Book of Lord Shang. Fixed points>>, that "the emperor set three judges, set the house of a judge, a judge and officials censor home, the prime minister set a judge. princes counties, are the home of a judge and officials." the judge in charge of law, "Limin who knows law, all asked the judge ", after the judge has been known as a judicial officer. However, specific to the various dynasties, the judge's call will also be different, such as Sikou the Shang and Zhou, Qin and Han dynasties of the Supreme Court Official, Northern Qi Dynasty, and later Judge Dali , and the judge, the manager, and judicial. However, the ancient judges and judges of today compared to, not a concept. ancients affairs officials full-time Law Department as judges in the trial although they play an important role, but the final decision but in the Chief Executive. (Note 16: See Ma Xiaohong: "Society in Ancient China 'judge'", quoted confidence Chunying: <<law> "(volume 3, Law Press, 2002 edition, p. 120. Some scholars believe that <<Shangjunshu>> the judge "is not responsible for the trial, but on behalf of the official control laws, and promote responsibility to the people to inform the obligation" [16] (P.503. Obviously, the ancient duties of judges and a far cry from today.

In this regard, some scholars have done a special analysis, that in traditional China, the operation of judicial conduct and operation of the overall political firmly together, even if the political system at the central level, the various agencies of the division of labor is more obvious in some respects, but this division of labor are not absolute [17] (P.13-23. that is, the political system in ancient China, the executive and the judiciary is closely linked, which mainly the main subject and administration of justice as one and so on. So, the Chief Executive of natural justice is the subject. In view of this, some scholars believe that "in addition to specialized judicial institutions, it should be said, the ancient imperial court in charge of the main functions officials can be called a judicial official, are involved in terms of justice. "(Notes 17: Chen Haiguang: <" China judge system RESEARCH ">, China University of Political Science PhD thesis 2002, p. 18. It can be seen, the ancient Judges are not specialized.

Indeed, China's ancient "Concurrent administration of justice" not only in local trials, but also in the central part of the trial judiciary. Just a different form of expression, that is independent from the Chief Executive is responsible for local administration of justice, and in the central by specialized judges and administrative officials to hear the difficult or important cases. Han Dynasty, Tingwei can not judge a mystery to the Sangong Jiuqing and other senior administrative officials to discuss the central decision, Tang and Song Dynasties, the book, studied under the province as an administrative sector is often the highest instance. and Qing Dynasties, Cabinet Minister or the Chief Minister of actually military emperor Zhongshen all cases the power to act. Ming Dynasty, "Jiuqing round trial" and the Qing Dynasty "Jiuqing joint trial", the Board of Punishments ministries other than the Book of History and through government to also participate in the trial. As scholars said, the ancient Chinese legal system is a major feature one judicial and administrative organs, judicial and administrative and other officials the same. Thus, some part-time judicial or official has to exercise judicial functions. from the central perspective, the Qin Dynasty's "Sikou", "Bachelor" and so on, both military officials, judicial officials is that they have to bear the dual responsibilities of the military and the judiciary. Han chief executive prime minister is also involved in administration of justice. In the Trial System, the most of the administrative officials also attended the "Round the trial," "toward trial" and both are so [18] (P.108.

Judicial and administrative functions from the relationship between the two point of view, some scholars have pointed out: "the judicial functions of ancient China without a unified judicial system. In the executive branch, the judicial function is only part of the administrative functions." [19] (P.50 facts So, the highest judicial power of final adjudication is not always controlled by the administrative authorities. If, during the Qin and Han Supreme Court Official's decision was a final determination by the Emperor, the supreme court of the Tang dynasty only, the judgments of current criminal case, Board of Punishments must be submitted for review. Punishments to be together in death penalty cases on the books, studied under the two provinces and more meetings, petitioned the emperor finally approved, the Qing Dynasty Imperial responsible for overseeing the supreme court and the Board of Punishments of the trial activities, participate in the trial of some of the major cases. Obviously, the surface of ancient China The highest instance is the central judiciary, in essence, control the power of final adjudication by the emperor, officials responsible for specific matters make arrangements for the executive, administrative officials appointed by the Emperor was involved in the trial run of the normal central judicial.

Among the usual mindset of the people, this case must resolve such disputes with the knowledge and experience, then why the ancient Chinese officials competent administrative justice?! Dimension to our knowledge structure from the research, not difficult to find the administrative officials familiar with the ancient law, and in any official familiar with the law before, which the administration of justice for the future lay in the knowledge base. According to historical records, both ancient Chinese officials promotion of legal functions, so often to study law. As early as the Qin Dynasty had determined that "where Liang Li Ming legal order", and "Eli unknown law" [20], the method for determining whether the officials clearly evil good standard. Cao Weizheng right time told officials to "all should know the law" [21]. Tang "is set to be imperative form, which shall Festival, is still quasi-old cases were recorded in the Guanting wall" [22], so that officials learn. Song, "who first test government, are learning imperative "[12], also require officials knowing. During the reign of the Ming emperor, officials attached great importance to the" knowing ", and" every Yu Lau, call Zhuchencizuo, calmly speak of legal justice "[ 7]. Xiangyan the Qing Dynasty, the Qing Law <<officials law>> states: "if it can not explain, nobody knows who legal advice, government pension penalty in January, officials bamboo cane forty." Clearly, the rulers of successive dynasties Administration officials are working knowing and knowledgeable about the law and qualified as a basic condition. The knowing and knowledgeable about the law of the administrative officials, naturally, have the qualifications to take part in the administration of justice.

From the traditional view of the nature of judicial conduct, the trial of cases in ancient China is extraordinary today, "the judges of ancient society in the judicial process used in the operation of the comprehensive rational judgments. The so-called comprehensive rational decisions is not only the process of judicial reasoning, as as a deductive process of reasoning and analogical reasoning, and infiltration in the functioning of the judiciary in a number of empirical, intuitive, and also includes the concept of social goals and social equity considerations and rational factors. These factors into the basic judicial judging process, the formation of the final judicial decision had an important impact. "[17] (P.70 such a comprehensive rational model to determine the need to adapt to a joint trial is the basis for joint hearing system to survive. It's different administrative functions brought together officers to deal with cases, integrated legal, administrative, ethical, and other areas of social life, the many measures to resolve the case in many ways for comprehensive management, and finally form a convincing decision.

�Լ�,�й��Ŵ������ƶȵ���������������Ƶ���������һ�µ�.�ҹ��Ŵ���ר���ƶȵ�ͳ����,������������˾����������.��ʱ"����"�ĸ�������ʵۺ͸������������ܲ��ɷֵ�,���ص�������Ա����������������,�����������.�����ƶ���������������Ա����˾��������������.




Notes:
[1]����ΰ:<<�л���ϵ����>>,�й�������ѧ������2001���.

[2]�ܖ�:<<�����ԭ��>>,����ӡ���1996���.

[3]������:<<�й�����ʷ>>(��2��,���ɳ�����1998���.

[4]������:"�й��Ŵ����ٻ����ƶ�",��<<ʷѧ�¿�>>1992���6��.

[5]��»������˶�:"Ԫ��'Լ��'�ƶȳ�̽",��<<����ʦ����ѧѧ��>>1999���5��.

[6]<<Ԫ����.Լ��>>.

[7]<<��ʷ.�̷�־>>.

[8]<<�����>>��һ����.

[9]<<����̫��߻ʵ�ʥѵ>>��һ.

[10]��:<<��ѧ���岹>>(��,����������1999���.

[11]���׿�:<<�й��Ŵ�˾���ƶ�ʷ>>,��´����2005���.

[12]<<��ʷ.�̷�־>>.

[13]����,�Ź���:<<�й�����˼��ͨʷ>>(��,ɽ�����������2001���.

[14]��Ǭ:<<�й��Ŵ�Ȩ���뷨��>>,�й�������ѧ������2004���.

[15]������:<<��ͳ�볬Խ�����й�˾�����Դ��>>,���ɳ�����2006���.

[16]�¾���:"�й��Ŵ�����С��",�س�����:<<�����ʮһ���͵��й����Ļ�>>,�Ϻ�����ѧԺ������2002���.

[17]�佨��:<<��ͳ˾����Ϊ���������>>,�й���ý��ѧ������2006���.

[18]������:<<����˼���뷨���ƶ�>>,�й�������ѧ������2001���.

[19]л��ƽ:<<����˾��Ȩ���������������о�>>,�й����񹫰���ѧ������2006���.

[20]<<˯������Ĺ���>>.

[21]<<�������>>��һ��.

[22]<<�ƻ�Ҫ>>����һ. ת���� ��������������� http://www.hi138.com