The Research Of The Cruel Officials’ Judicature In Ming Dynasty

The cruel official, as a special group of bureaucrats, has a crucial role in the ancient person-ruling society. Typically, they will be used as a political tool of practical value, or for the fierce struggle among the different political forces within the feudal ruling group, or be used to strengthen imperial power and consolidate the practice of authoritarian rule. Taking the cruel officials’ justice in the Ming Dynasty as the research object not only helps us learn more about the judicial system of the Ming Dynasty, but also has many benefits for the current judicial.To further investigate the cruel officials’ justice in the Ming Dynasty, the premise is a clear positioning for the concept of the cruel official. Researching for the previous dynasties, as well as contrasting with the Law-abiding Official horizontally, these are quite beneficial to grasp the meaning of the cruel official in the Ming Dynasty. It is combined with historical background, and on the basis of nature that the cruel official in the Ming Dynasty shown in judicial practice can be classified as “greedy and brutal” and “function” types. Then through the course of the trial, the cruel official in the Ming Dynasty for ordinary cases of “arbitrary sentencing” and special cases of “the severe law abusing”, as well as the exploration of its unique judicial skills, further analyzed and summed up some features: the capital felony is grim, the eunuch uses it frequently, the means is in the process of innovation. On this basis, I made a thorough analysis further of the reasons that the formation of the cruel officials’ justice in the Ming Dynasty. High development of the imperial power, the implementation of Shigenori Statecraft legal thought and the existence of the extrajudicial torture, it is intertwined by these three factors can the cruel official judicial produce and develop rapidly in the Ming Dynasty.In the academic community, the cruel officials’ justice that known as “cruel torture”has been censured, but we must know, everything has its two sides, there is the negative side, there is bound to the positive side. The cruel officials’ justice in the Ming Dynasty, not only conducive to the improvement of work efficiency, while a certain extent, it can curb the official corruption. But on the other hand, we have to be vigilant because of its more “excessive punishment” resulting the profusion of injustice, and brought the destruction of the Ming Dynasty orthodox justice.