Qianlong Governors Graft Functioning Of The Judiciary And The Scepter Of The Cases

On the subject of legal history(法律史),for a long time,we have to focus on China's Legal History static study,which reflect the level of legislation, while the state of the actual state of the judiciary is a little weak.In fact,study in ancient China is extremely necessary,just as Mr.Zeng Daiwei says,"the state through a judicial research,in-depth understanding of the actual operation of the then legal status,is helpful for exploring the link between the legislature and the judiciary,and for exploring the overall efficiency of the legal system.Thinking along predecessors,the author intended to collate "Reign of Emperor Qian Long punish corruption files selected"(《乾隆朝惩办贪污档案选编》) of the First Historical Archives of China(第一历史档案馆)as the main materials,with Governor corruption eases as a starting point,interpret the operation of the real-ran status by mpirical methods,with Governor corruption cases(督抚贪赃案件) in Qianlong years(乾隆年间) to the point, revealing differences between legal and the judiciary,and displaying role of imperial power.This paper consists of three parts:Reply part raises questions.How do these cases be discovered? How do them be Investigated and be trialed? What procedures do them be followed? What role does emperor play in it?The first part of the paper do a overview of the functioning of the judiciary in the cases.Firstly,I give a summary of 12 Governor corruption cases.Secondly,I give a summary of Proceedings of Governor corruption cases.Thirdly,I give a summary of substantive law of Governor corruption cases.The second part of the paper interpret the operation of the real-ran status in Governor corruption cases for the sequence of proceedings,exposing that the core of the functioning of the judiciary is the emperor.Firstly,the huge monitoring system,whose is responsible for the correct quote corruption,do few in correcting Governor corruption.In order to keep the vitality of monitoring system,the emperor strengthen monitoring system by secret packing(密折奏事)and strict liability of monitor officials(监察官员严格责任),which achieved good results.Clues in other cases is also a good means of correcting Governor corruption cases.Secondly,the justice officials chosen by emperor,under the supporting and leading of the emperor,work hard to overcome difficulties and get a good result.Thirdly,after the first instance(初审依律拟罪),the second instance(三法司会审) and the third instance(九卿会审),the judge,who is chosen by the emperor,make a judgement which does not entry into force(依律似罪).The right of making a valid judgement(定谳权) belong to the emperor.The third part of the paper analysis the features of the emperor in the the functioning of the judiciary.Firstly,the powerful emperor,who is the core of the functioning of the judiciary,have the right to start the judiciary,choose and command justice officials,and have the right of making a valid judgement.Secondly,The functioning of the judiciary compliance the law and practice.The emperor does not abuse the right of making a valid judgement, and does not interference professional work like trial.Thirdly,emperor is the core of the functioning of the judiciary in these sort of case,who keep the order of the judiciary.While the functioning of the judiciary,which reflect the will of the emperor,goes on with compliancing the law and practice.