Research On The Challenge System In Lawsuit Of Ancient China

It can be a long history since the litigation avoidance system has been formed in China.The system emerged in the Han Dynasty,and be documented in the Tang Dynasty.After many dynasties,the litigation avoidance system becomes more and more complete,and plays an important role in the ancient judicial activities in China.Started from the concept of ancient litigation avoidance system,this paper simply elaborates and analyzes its formation and development in chronological order,including the infancy stage of the system in the Zhou and Han Dynasty,then the development during dynasties and the formation in the Qing Dynasty,which highlights the traditional culture of China.In the last,it analyzes the reference and inspiration of the existing Criminal Procedure Law in China.The first part summarizes the basic meaning and concept of the ancient avoidance system in China,and briefly describes the emergence and development of it.Then,by analyzing the characteristics of the avoidance system,the author generalizes the main features;by expounding the necessity of the system,he points out that the ancient litigation avoidance system is an indispensable measure in the ancient judicial activities.In the second part,the author chronologically describes the development of the ancient litigation avoidance system including the starting,the developing and the completion.From the changing and developing of each dynasty,the author points out the advantages and disadvantages of the system,which means the judicial system develops according to the situation of each dynasty.Until the Qing Dynasty it is nearly completed,and closes to the current challenge system in criminal proceedings.In the third part,from the characteristics of the ancient avoidance system in China,the author distils the combination of ancient etiquette and law,and expounds and discusses respectively.From the aspect of ancient special culture in China,such as relatives,teachers and students and so on,the author discusses the characteristics and the inevitable limitations of ancient avoidance system.In the fourth part,by studying ancient avoidance system and referring to the development of the challenge system in criminal proceedings and the contrast of many terms,the author points out the insufficiency of the current challenge system in criminal proceedings,and put forward his point of view.In the end,the ancient litigation avoidance system in China which experiences historical changes,contributes to the current development and reflects traditional culture,plays an important role in the historical development of legal system.But due to the historical limitations,the punishment prescribed is too harsh,and the system is too complicated at last.Therefore,it is hard to say that the system is definitely good or bad.