Local Practices, Standardization Of Judicial Costs In The Late Qing Dynasty

The Chinese tradition law does not have the legal procedure aspect stipulation, also does not have the litigation expense collection aspect stipulation. Therefore in the judicial process definitely will have the massive corrupt practices, these corrupt practices aggravated common people's burden at the same time, on the other hand has created the judicial order confusion. At the same time, but also touches Local authority's dominant order, in discussed that disputed the discoloration in the age, the local official not always avoids the lawsuit, they also attempt are carrying on certain institutional to transform--restrain the corrupt practices through the system transformation the occurrence, reduces the common people to bear. Sichuan San Fei Ju belongs to representative who this kind of institutional transforms. This organization is establishes in the place gentry and under local official's common gambling, in the concrete operation process, the association which is composed of the official and the gentry is supporting this system's movement, it has manifested the official and gentry's common will. It has the independent regulation, and these regulations through some form to the official and common people's deference, and legally binding. These regulations have the place rules and regulations nature, through to three expense bureau nature's elaboration, we may discover that San Fei Ju participates in the place government affairs' one form as the place gentry, has the place autonomy and the official dual natures. It can reduce case disputing parties and the related main body and so on murder and robbery expense as judicial expense's drawing out with the auxiliary body in the actual operation. But, at the end of the Qing, collected passes China and the West the political reform thought that take the European land legal system's law as the main source legislation, the place gentry social stratum's decline, let this system be unable to continue to move gets down. After Republic of China establishes, this system also forever withdrawal history stage.This article take the corrupt practices as a basic point, take San Fei Ju operation as the starting point, how three spends the bureau to regulate the judicial expense is the core, thus how explains this system to regulate the judicial expense. Unifies the domestic and foreign scholar's research, is for the purpose of explaining that San Fei Ju takes the standard place ju-dicature expense system's important meaning. The first chapter, takes the conceptive elaboration, first elaborated anything is three expenses as well as with three spends the related concept, then elaborated San Fei Ju as well as the Fu Ma Ju concept. The second chapter, first elaborated three Fei Ju in the different local tenable time, next elaborated San Fei Ju the tenable process and produces reason. Finally elaborated how San Fei Ju only does exist in the Sichuan area. The third chapter, elaborated how three do spend the bureau to operate and the funds originates,simultane ously elaborated three spend the bureau regulation the content and the nature, but also San Fei Ju nature, San Fei Ju and Fu Ma Ju comparison. The fourth chapter, mainly explained three has spent the in-fluence which as well as San Fei Ju after Republic of China destiny the bureau produced as well as has this destiny reason to be.Regarding the judicial expense's place rules and regulations aspect, the domestic and foreign scholars still did not have the technicality re-search. San Fei Juzhei plants the system not to enter the domestic and foreign scholar's field of vision, through author's research for this domain packing blank.Through the material display and the concept explanation, the author hoped that can be clear this system explanation, and hoped that this kind of penetration history and the reality mentality can enlighten to present's judicial reform mentality.