The Ming Dynasty Toward The Trial System

Court trial of Ming Dynasty played an important role in the system of Joint trial system in Ming system.If we want to research Court trial of Ming Dynasty, we must learn about the ideological origins and institution origins of it. Since Chou Dynasty, the statesman had explains the importance of Prudence in Punishment thought for justice.Prudence in Punishment thought was fully reflected in justice after the development and improvement of thinker in the follow age. From the point of view of organization forms, Court trial is a kind of Joint trial system. From the point of view of procedure, Court trial is a kind of death Penalty rechecks system. And it is also the development of Prison—checking system. Before the establishment of Court trial in Ming Dynasty, emperor has often sent the officials of judiciary with the officials of other governments to recheck the death penalty cases, together. Court trial was officially established in 1459 and enforced in 1460. The object of court trial were death row in capital area. The trial officials not only from judiciary(Ministry of Justice Grand Court and Supervising Council)but also included other officials from administration. Court trial can help emperor centre judicial power. It was the authoritarian monarchy which reflected in justice. It indentified the equality in application of the law of the capital area. It also made Prudence in Punishment institutional and perfect. Usually Court trial held after Shuangjiang in autumn. Through the big court trial ceremony, the prisoners were divided as circumstance deserving of capital punishment and worthy of compassion or suspicion. The results of court trial must pass procedure of re-reporting and emperor's crossing. The prisoners who worthy of compassion or suspicion were commuted and banished. Court trial mainly had two characteristics, the first was centralization of emperor's power. The second was prudence in punishment. In fact, although court trial reduced the amount of death, the official didn't conscientiously implement the procedures of court trial. And court trial was influenced by politic. No matter what the differences between the actual result and purpose of court trial,it was important in joint trial system of Ming Dynasty and was referenced by autumn trial and court trial of Qing Dynasty. Court trial of Ming Dynasty is valuable for death penalty review in Contemporary. The first is unifing the standards of death penalty review. The second is expanding the scope of supervision for death penalty review. The third is guaranteeing the right of litigation for prisoners.The fourth is ensuring judicial independence.