The Ming Dynasty Lijia Judicial Function Research

To the Ming Dynasty in a judicial function of problem research, helps tosupplement the existing shortcomings in the research of this problem, systematic,orderly summary, will also contribute to the overall judicial system and complement,the scholars of the Ming Dynasty have a complete understanding of the judicialsystem. The Ming Dynasty in a system, with the even in Qin and Han Dynasties is thebasic political system of the Ming Dynasty in the come down in one continuous line,a system is the most basic administrative organization, is the Ming Dynastymaintained their domination of the basic unit. In the main body of the system is along, assist and in the elderly, grain length and long pond, also includes the late MingDynasty the long. The Ming Dynasty in a judicial function is mainly divided into twoaspects: one is the functions of the criminal justice, two is the civil judicial functions.The Ming Dynasty in the criminal judicial function consists of five parts: A,reporting functions: a report in the daily life has the functions, for major criminalcases, must inform the authorities but not private solutions. While the report functionis also one of the main sources of government learns case. Two, capture functions: inthe case of the occurrence of, or based on the official appointment, or based on duty, aparty should arrest the suspects. While in a capture functions produced two kinds ofeffect: in the protection function is the key to resolve many cases, in the protectionfunction and produce a proof of effectiveness, and the two results are for trial plays animportant role in. In three, witness functions: the government in the course of the trial,a further proof. We believe that, in a proof of strong proven effectiveness, sometimesto the right or left the government ’s decision. In four, a cleaning function: for thesuspect Baoliang, and delinquent behavior, are largely influenced by the governmentfor the judgment. For some insufficient evidence in the case, a cleaning action isabout the government made the guilt or innocence of the important basis. Five, collarbeam functions: in the case of a sentence, for light crime or innocent parties in a case,a back home care education needs, giving the new. And set this duty is intended to emphasize in the educational function, through education, eliminate criminal appeal.The Ming Dynasty in the civil judicial functions, through the" teaching people tonotice" and a series of legal instruments to identify. Purpose is through a civil disputemediation Award for folk, reduce government legal pressure, reducing thegovernment ’s administrative cost. The Ming Dynasty in the civil judicial functionconsists of two parts: A, ruling: a mediation functions to mediate civil disputes to thereferee, and civil legal cases cannot without a man ruling mediation and trial reporteddirectly with the government, the offenders shall be staff. A bear in civil disputes inthe mediation functions, greatly reducing the magistrate in handling civil disputes onpressure, saving a lot of resources. Be of noble character and high prestige, and isfamiliar with the village in a long, in the elderly to mediate civil disputes referee, alsomakes both parties feel a heartfelt admiration, fair fair judgment, reduces the partiesrefuses to accept the decision and the appeal case because of the possibility of. In along, in the elderly the supervision and restraint, judgment or mediation agreementenforcement is relatively large, rarely have found without penalty, the implementationof difficult cases. In two, one witness duty: Based on a special status with the elderlyin the village, namely in a geriatric are close, be of noble character and high prestigein convincing people, in many civil acts when, in armour or old people willparticipate in the contract entered into the process. The extant data shows, they areusually people or witness roles involved. Both parties into consideration in order tomake the sign of the agreement or contract more persuasive or execution, will usuallybe invited in or elderly people participated in civil process. A or the elderly may beresponsible for the object of conduct inspection, measurement, may also beresponsible for the object of evaluation, on the basis of this, a man in need or as awitness in the contract, or the contract, signed the agreement.We can say, in a judicial function of folk and official link is connected,contradictions and disputes in the lubricant, is the civil guarantee and support. Incriminal justice, from the report to capture, from trial to implementation, in armourare involved, and as a very important role. In the civil administration of justice, ajudge of the mediation function makes a large number of civil disputes in the civilthemselves, not by government, this will alleviate greatly the government pressure, and the contradiction in the disputes arise or before will be eliminated. While oneduty makes the dispute is not easy to produce, produce afterwards easy to dissolve. Inaddition, in administration, finance pay still plays an important role. The systemdesign is perfect in a system is in the late Ming Dynasty after the gradual decline, itsreason is many sided, if not protected by law, its position is not high, the governmentregarded as servants and so on. As a coin has two sides, also not be the pink ofperfection in a system, a system’s malpractice, lies in its power is not restricted, andhas many loopholes, making a breach of privilege phenomena have appeared, to someextent, resulting in a waste of judicial resources, increase the government in dealingwith the pressure of judicial affairs. One of the most important performance is atnodes and falsely accused steal phenomenon.