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On The Justice Of The Spy Institutions In The Ming Dynasty

Posted on:2014-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:W Q LiFull Text:PDF
GTID:2296330425480088Subject:Legal history
Abstract/Summary:PDF Full Text Request
It is a typical phenomenon that the imperial power dominated all walks of life byspy institutions in the Ming society, while the spy institutions which have the judicialpowers such as detective, trial detention will interfere with the administration ofjustice in the running process inevitably. The justice domination of the spy institutionswas brutal increasingly under the blessing of the imperial power. It prompted thepeople to against the domination. It was more serious in the middle of the MingDynasty. The imperial power of the Ming Dynasty tried to consolidate its politicalrule, however, it did not, it is due to the presence of the spy institutions whichaccelerated the decline and dying of imperial power in the Ming Dynasty. There arestill lots of places to be perfect during the construction of our country under the ruleof law, it needs correct guidance of the concept and also scientific, reasonable,effective institutional mechanisms to meet with various activities of law. The specialpolice system in the Ming Dynasty should provide an excellent negative example forthe legislative and judicial activities in our country.This paper is divided into four parts:The first part mainly introduces the spy institutions in the Ming Dynasty. Thissection introduces the four types of the spy institutions, interpretates the reasons ofemergence for the spy institutions from three levels such as the imperial powers, thespy institutions and the bureaucracy in the Ming Dynasty.The second part mainly introduces the judicial and practice of the spy institutionsin the Ming Dynasty. This section starts from the four types of jurisdiction, explainsthe interference to the proper administration of justice from the spy institutions in theMing Dynasty, explains the justice practice of the spy institutions, analyzes thesubstance of the justice of the spy institutions.The third part mainly analyzes the justice of the spy institutions rationally in theMing Dynasty. This section analyzes the rationality of the justice of the spyinstitutions in the Ming Dynasty from three aspects such as the separation of powers, the investigation efficiency and curb corruption.The fourth part mainly introduces the negative impact of the justice of the spyinstitutions in the Ming Dynasty. This section starts from the negative side, explainshow to distort the relationship between his subjects and the power. It enhances thedesire and attachment for the powers. The eunuchs who are the privileged class meetthe needs of power and the suppression of dissidents by the justice of the spyinstitutions. It is a kind of deformity of justice during the interfering with justice forthe spy institutions. The negative effects include: rampant authoritarian, the survivaldecided by the attaching to the powers, eunuchs in power who make the increasingsocial contradictions intensify; the judicial angulation which damages the legalsystem.
Keywords/Search Tags:the spy institutions, the justice of the spy institutions, judicature
PDF Full Text Request
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