A Study Of Local Judicial Operation During The Ming Dynasty

Law and literature is a new field of legal theory in modern China. Mainly inliterary text as the material, to analyze the law or some of the problems associatedwith the law. Although the interdisciplinary application of law and literature materialis literature, history, but this does not prevent the emerging disciplines is concerned bythe present and the reality, the general meaning of research results is not indelible.The Lamp Over the Branch Road is used in this article text of the traditionalnovel in the Qing dynasty, is a rare secular education novel, the book as a whole bookin the middle of the Qing dynasty emperor QianLong years, the author in the bookthat are typical of the feudal society of orthodoxy. From the literary perspective is thenovel’s biggest weakness, but from a legal standpoint is the Lamp Over the BranchRoad’s maximum value.Because of some thought is generally recognized by thesociety at that time, it will focus on description on the social life, human, social,incommon "social person" to replace the original legendary hero,familiar with localcolor and writer oral become major literary language, this change reflects thecitizens thought after the middle period of Ming dynasty and the further developmentof the citizens’ literature, so better legal life at that time can be used as research data.So we can through some of its records to restore the social law run one of the mostoriginal state.Faithful text the author adopts the research methods, try to don’t have the modernconcept of rule of law doped into our research results. The first chapter, through thenovel text studied the local judicial trial operation of the main body of Ming dynastyand the parties concerned. Government has placed in Confucianism as the standard oftraditional Chinese culture, the purpose of the trial activity is not to achieve themodern sense of fairness and justice of law; Secondly, the trial activities held by thestate county magistrate, nor its faith in the justice of judicial power or purpose, butpay more attention to the social practical value, judicial activities in the state countymagistrate is upset, final purpose is to quell social stability and order, educate citizens,etc; Thirdly, Chinese mandarin in the public cannot leave the money in private,bureaucracy corruption appears to be unavoidable problem of all dynasties conducttheir rein; Fourthly, state county officer when dealing with complicated legal affairsrely heavily on staffs and chief, playing politics to subordinates provide opportunities to readers. From the position of people, in the middle of the fear of litigation and love,because the trouble of litigation and fear of litigation, and hoping to cause inhibitionto express and constant pursuit of litigation. Suit mongers, moreover, has anirreplaceable role in specific litigation activity, suit mongers can help the people in theproceedings, and to a certain extent, the maintenance people right, but manydrawbacks of suit mongers, too. Sitting in the second chapter through the novel text ofthe general procedure of local judicial in Ming dynasty were studied. We can find thatin Ming dynasty, the local judicial proceedings generally includes the law of thecognition and fact finding, evidence to identify and case finding, mediation rate andjudgment. The third chapter the author through the text of the social legalconsciousness of people in Ming dynasty was studied, and found that karma, no suitand harmonious legal consciousness is widely accepted.Through research, the authors found that the state county magistrate and trialoperation support personnel are the main representatives law, fair and reasonablejudgment is not what they are eager to get them more or thinking about how to getmore private returns with the authority in their hands. Moreover, the legal person toget the legal judgment of whether reasonable doesn’t care much about, get of the spiritof their concern is with the help of a legal judgment or the benefits of material level.Officials, and the people, each other does not seek reasonable legal judgment,therefore in the process of actual operation law will be a reality however is notconsistent with what ought to be level, both because of the position do not agree withthe specific purpose, so in trial operation mechanism will produce conflict, but in theend will reach the consensus of opinion between each other, in the exploration andcontact form the unique nature of the judicial activities in ancient China.