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The Local Trial System of Wei, Jin and Southern and Northern Dynasties

Author: ZhaoWenXi
Tutor: LvLi
School: Jilin University
Course: Legal History
Keywords: Wei and Jin Local trial Terms of reference Revenge
CLC: D929
Type: Master's thesis
Year: 2011
Downloads: 31
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Abstract

Wei, Jin and Southern and Northern Dynasties in the local state, county, County the basic trial institutions constitute a very wide range of cases under the jurisdiction of the state, county, county Executive, from minor civil cases to the crime of the greatest monarch serious criminal cases are Within the scope of its jurisdiction. The prefectural governor also shoulder the responsibilities of monitoring local officials. In the Wei, Jin and Southern and Northern Dynasties three hundred years, the changes in the terms of reference of the County, County Executive not experienced a more significant changes in the terms of reference of the prefectural governor, but in the Jin Dynasty when changed by the local chief executive for the to Inspector county, county officials as the main duties of the ombudsman. However, the duration of this change is not very long, to the Northern and Southern Dynasties, the prefectural governor again become a local power faction, management of local government affairs, Concurrent judicial trial and Northern dynasties as the prefectural governor achievements important reference even to settle a lawsuit. Trial followed by judicial officials of the Southern and Northern Dynasties, in adjudicating cases settle a lawsuit the principles and application of the method is also the focus of this paper. First, torture system, forced confessions ancient China officials adjudicating cases, the most commonly used methods confessions as evidence king in ancient China, in order to obtain confessions by suspects, torture is frequent use of Southern and create measurement punishment system, that is measured the Khao penalty, has certain limitations of this system on the test stand and Khao penalty, said general progress. However, the ad litem methods to obtain confessions as mutilation, these two systems is actually a departure from civilization. The cases cited in the article as well as historical data, in that torture, measured penalty legal age, many judicial officials have actually started of penalties such harm suspects body torture, measured reflection rationality of methods to obtain confessions. Second, local officials in adjudicating cases, attaches great importance to enlightenment. Local judicial officials not only judges, but also the administrative officials. So they are inevitable in the process of adjudicating cases, the law, the government linked to hear the case not only to use the legal process to resolve disputes, establish the prestige of the process educate citizens. Local trial officials of the Southern and Northern Dynasties in the process of adjudicating cases, attaches great importance to educate, they teach ended litigation, not the law as the only basis to resolve disputes, they are more willing to use reasonable with respect to legal, used by the justice to solve the problem, because of the reasonable and by the righteous in their opinion more than the mandatory rule \Third, the independent judicial authority of judges. The author discusses the place of the Wei period trial system proposed local the trial officials have independent judicial power, to the extent permitted by law in adjudicating cases independent trial and accept the supervision of a superior officer is not controlled. Finally, the article also discusses some of the Wei, Jin and Southern and Northern Dynasties unique system. Such as the system of retaliation, discussed in the Wei period, and the exposition of the Jin Dynasty revenge system, by invoking historical exposition of the Wei period reveals the attitude of the government act of revenge by the initially strongly opposed to later conditionally allow and then local trial officials in dealing with revenge cases usually tend to be dealt with leniently; discussion of the Jin Dynasty revenge system on revenge pardon a corollary. Another example is the inspector system, third the Southern Dynasty place trial system focuses on the inspector system, the inspector is inherited the Han system official set, but when Nanliang this system come to an end, so I in The third part of this system simple combing, and further analysis of the reasons for the inspector system was abolished.

The Local Trial System of Wei, Jin and Southern and Northern Dynasties

Abstract

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