Discussion And Analysis On The Rejection From Ministry Of Justice And Administrative Sanction System During Qing Dynasty

The rejection and sanction system is an important judicature administrative system, which develops the crest to the Qing Dynasty. Its influence not only manifests in the judicial domain, and even extends to the social life of the Qing Dynasty many corners. This article mainly accords to Xing - an - hui - lan (Conspectus of Penal Cases), Qing Memoir, and some relative essays and historical materials, using the method of empirical study to discuss the development and evolution of the rejection and sanction system, the reason for the rejection from Ministry of Justice, the pattern of Administrative Sanction System, and its influence on Qing Dynasty justice system and society, etc.This article thinks that the rejection and sanction system in Qing Dynasty is a part of the judicial review and ratification system. The main process for the implementation is on assumes—rejection of justice—administrative sanction or on assumes—rejection of justice—judicial review—on assumes—administrative sanction.Its distinctive characteristics are as follows: reasonable framework for the administration of justice, strict review process for the case, and strict administrative penalty system. The thorough implementation of the rejection and sanction system in Qing Dynasty, especially after Jiaqing(a period of Qing Dynasty), caused the place justice official encounter to the huge judicial administration pressure. Originally the central government intends to improve the judicial system, but actually causing two accidental effects: on the one hand intensify the gambling relation between place justice official and the central legal machinery; on the other hand also became the background for private secretaries (muyou) and litigation masters (songshi) to display their ability, which directly cause other big system's judicial roles besides these two to penetrate into the judicial trial. And the big roles have close interaction with local justice official. Therefore, studying and commenting on the Qing Dynasty's rejection and sanction system is not only an important component of Chinese sociology of law, but also has positive influence on the building up of Judicature administrative system in modern society.