Research On The Judicial Procedure Of Yuan Dynasty

The judicial system of Yuan Dynasty inherited the old system of Song and Jin Dynasty.The judicial tasks were undertaken by local governments at all levels.There was no clear distinction between the judicial and the administrative systems.However,the lawsuits of Yuan Dynasty were listed separately and included in the legal books of Yuan Dynasty,which opened a new era of attaching importance to judicial proceedings in ancient Chinese history.Not only in the field of judicial trial,but also in the whole process of litigation,judicial procedure has been given due attention.The compulsory procedure of arrest,evidence collection,trial,execution,lawsuit and judicial supervision procedures in Yuan Dynasty have clear legal provisions.The compulsory measures of Yuan Dynasty are different from those of today,but there are still many similarities.The compulsory measures of the Yuan Dynasty included arrest,imprisonment,summon,interrogation,Pending and so on.Arrest and imprisonment are compulsory measures.Relatively speaking,the intensity of summon and interrogation is relatively small mandatory.For the young and old,sick,pregnant women and those who commit minor crimes,the Yuan Dynasty carried out such measures as call for bail,which was the most mild way.Through comparative study and exploration of its significance in the judicial process,we can see the characteristics of judicial progress and humanization in the Yuan Dynasty.The Yuan Dynasty attached great importance to the further development of material evidence collection,mainly reflected in the further institutionalization and specialization of judicial inspection,the role of coroners(仵作)in judicial inspection,and the development into a kind of professional service,and the further regulation and rationalization of legal documents.And there are clear regulations on the investigation of stolen goods,stolen warfare and criminal traces.The diversification of the trial subjects and the clear division of jurisdiction at different levels in Yuan Dynasty are the prominent features of the trial.The composition and management of household registration in Yuan Dynasty was very complicated.Apart from households belonging to the local government,other households had their own management institutions.The system design of multi-jurisdiction not only guarantees the state’s control over major cases,but also forms a balance of power between local governments at the grass-roots level such as departments and counties and accounting management agencies,and also takes into account the vital interests of various household accounts.Compared with Tang and Song Dynasties,the jurisdiction of local jurisdiction in Yuan Dynasty was narrowed,and the cases of severe punishment had the right to Preliminary judgement but not to decide.The cases of imprisonment or above should be reviewed by the Department of Integrity,the Ministry of Penalty and Zhongshu Province.The death penalty should be reported to the emperor and approved by the emperor.The local officials in Yuan Dynasty assumed the right to hear and Preliminary judgement most of the cases in Yuan Dynasty.The emergence of magistrates specializing in prisons and the establishment of inquirers in provincial governments are the manifestation of the trend of judicial professionalization,which is scientific to a certain extent.The agency was formally established as a system in the Yuan Dynasty,while the Collective settlement(约会)was a creation of the Yuan Dynasty combining the characteristics of multi-ethnic and multi-cultural integration at that time,taking into account the interests and concerns of all ethnic groups.In the judicial process,the lawsuits of the old and young and illnesses,women and officials(including retired officials)are agented litigation by relatives;the cases of household marriages,fields and lands within household accounts are under the jurisdiction of their respective administrative bodies,while the disputes between different household accounts are appointed by both parties.For the important matters of the names of punishment,they are all judged by the department.Aim at the problem of unjust and false cases in the trial and execution of the Yuan Dynasty.The unjust people can appeal and ask for review.The Yuan Dynasty stipulated the mechanism of appeal,overstepping and direct appeal.In accordance with the procedure,they can hit drums,even stop Emperor’s driving,and complain to the supreme ruler emperor.In Yuan Dynasty,there were abuses in all stages of judicial procedure.To this end,the Yuan government set up a relatively systematic judicial supervision system.It carried out strict external supervision on the acceptance of litigation cases,arrest and imprisonment of criminals,inspection,trial,judgment and execution.By recording Prison prisoners,brushing papers,accepting appeals,reviewing severe sentences and prison management,supervisory officials rectify and correct the mistakes and delays in prison proceedings,and punish the judicial officials at the same time.At the same time,the supervision system also has internal judicial top-down supervision.In addition,there is public opinion supervision by individual officials and people of insight.It can be found that there is a big gap between the judicial provisions and the actual operation of the Yuan Dynasty.On the one hand,Admittedly,they have deep-seated institutional factors.The interlaced influence of "emotion","reason" and "law" can not be underestimated.In addition,Confucian ethics and official personality rooted in the minds of officials and the public have played a great role.The litigation consciousness of the Yuan dynasty people was obviously enhanced.The Yuan government attached great importance to the mediation role of grass-roots Village heads,elders and scholars.Mediation has become a necessary supplementary means of judicial proceedings in addition to formal proceedings.