On The Judicial Culture In The Ming And Qing Dynasties From The Market Novels

The historical value of the ancient Chinese literature, have been demonstrated bymany scholars. Civic novels of Ming and Qing dynasties richly presented the judicialculture in the Ming and Qing dynasties, the folk judicial cognition, the judicial idea ofgovernment and the macroscopic appearance of official judicial has a vivid manifestation,this paper will be based on civic novels in the Ming and Qing dynasties, from the abovetripartite aspects to elaborate the legal culture in the Ming and Qing dynasties.First of all, the article begins by the folk judicial cognition revealed in civic novels inthe Ming and Qing dynasties, demonstrates the judicial ideal of private citizens in justice,lawsuit mentality about the fear of officials and litigation and emotional sustenance whengrievances can’t appeal-Yin newspaper embodied by the civic novels.Secondly, this article analyzes the official judicial philosophy of the Ming and Qingdynasties novels, in pursuit of individual attitude and harmonious justice as thebreakthrough point, analyzes the civic novels in the Ming and Qing dynasties,whichreflects how the government coordinate law and ethics,the attentions paid to the evidenceand the case facts in the process of solving a lawsuit,and judicial tradition of highlight theentity while ignore the procedural.Finally, from the overall benevolent judicial environment, judicial practice full ofcorruption and torture, and the judicial supervise lack of efficacy, this article penerrate thejudicial reality revealed by civic novels in the Ming and Qing dynasty.