The Study On The Local Magistrates’ Judicial Malpractice In The Ming Dynasty

In the Ming Dynasty, the local magistrates played a key role in the judicial process. However, they often engaged in judicial malpractice, such as easily extended detention, casually judged. The malpractice seriously undermined the social fairness and justice,and corroding the state machine, which caused widespread concern. This thesis tries to systematically study on the local magistrates’judicial malpractice in the Ming Dynasty.In the ancient China, the emperor always tend to management officials rather than common people. The emperor formulated strict laws to limit the official judicial power. This was an important feature of the legal system in ancient China.In the Ming Dynasty,the legislators inherited and developed the legislative achievements of history. So the official judicial responsibility provides more comprehensive. There were many kinds of forms of low whose principle of punishment were very clear. Whether to receive a lawsuit, or to collecte and use evidence, or to detain, to interrogate, to judge, to execute, the legislators hoped the perfect legal system relatively can curb official corruption at any stage of judicial proceedings.We all know that the law cannot function automatically and the quality of people is more important than the law in this political environment. So, in order to ensure the local magistrate can set strict demands on themselves, the emperors established various measures.First of all, the emperors strengthened ideological control to the officials. As we all know,in ancient times, people worshiped ghosts and gods, and believed that the causal relationship consciousness. At the same time, many model officials also advised other officials incorruptible, humanity, impartiality, diligence, prudence. So the emperors used these kinds of psychological to persuade officials work in earnest. Secondly, the emperors established various system to prevent officials engage in illegal acts.Such as studying law, the trial-level supervision, judicial oversight.Although there were careful liability regime and various preventive measures, but the local magistrates’ judicial malpractice was still a very common phenomenon in the Ming Dynasty. From the micro level, there were mangy problems of the quality of the local magistrates. From the meso level, there were lots of defects in the national judicial system. From a macro perspective, the power inevitable became corrupt under the monarchy which provided a fertile social soil for crimes committed by officials. In addition, the influence of local forces deserves our special attention. Because the magistrates had a complex relationship network which consisted of their assistant magistrates, office clerks, government runners, officials living in their hometown, students, tax agents, elders and legal pettifoggers. These people all had impact on the local magistrates inevitably.