Research On The Features Of Torture System During Ming Dynasty

The torture system has a long history, it plays an inportant role in ancient China, and it is legal in ancient China.A number of legal scholars in China is not only studying the torture from the perspective of all the ancient of china,they explain it from a particular dynasty., and they always discuss it through broking away it from the whole legal system.We know that when they research it ,they always use a kind of means, such as , the method of comparative analysis, historical analysis and the cultural anthropology.And most of the legal scholars study it from the Macro aspect, but the professor Xu Zhongming make a Comparison between the torture of Tang Dynasty and the torture of Ming Dynastry. In this regard,he is the first person from a definite Dynastry to explain it.The torture of Ming Dynastry ,in addition to,has the ordinary feature, but also has its own unique characteristical ,since the Ming Dynastry, the autocratic monarchy develop to the extreme.Throug the material we have, we could find that the torture system of Ming Dynasty is more and more autocratical.When we compare it to Tang Dynasty, whether the prosess of the draft, or the prosess of the Implementation in the adjudgment, it is very different from the Tang , especially the prosess of the making touture.They are care of the realistic Implementation ,and they used to make the torture system from the opposite aspects, they want to reach a good result.Under the protect of the Emperor , the Dong Chang and Jin Yi Wei are afraid of nothing, they own the right of judgement ,by the way, they always use the torture system beyond of law.In some degree, it becomes the tools of killing people.Because of the development of Chang Wei system ,what does it impact on the torture?It provides a special Perspective to discuss the torture system of Ming Dynasty .History is a mirror, we could get some reference to help us to construct our harmonious society.It provides a bad lesson.The author will use the methord of comparison and history to discuss the torture system of Ming DynastY,and the autuor will summarize the its features.The first part of this article will discuss the process and the factor of the toeture of Ming Dynasty, the author aims to find its difference between the former dynasty, not only the value of legislation, but also the vision of legislation;the second part of the article is mainly from the applyment of the torture system beyond of law, the author will use some typical cases in order to analyse how it harm to the establishment of law.The third part will discuss the features of the torture system of Ming Dynasty from the kinds and standars of the tools.Through the typical cases and text, the author find that some tools are limitied factor, but they are adopted to judge the cases.Many instruments are in the gray area,they are between legal and illegal.The forth part describle another feature from limited factors,and when the officer violate the rules, they must undertake some strict criminal responsibility.While, the last part the author aims to discuss why it exits in Ming Dynasty legally, at the same time ,make a brief summary from thinking and system,In the process of the writing of this article, the author focuses on the cases, seeks to adopt both"theme"and"class", in order to avoid accumulatinginformation. It attempt to restore the torture of the Ming Dynasty.