The Novels Of Ming And Qing Dynasties Under The Modern Legal Theory

This paper takes Ming and Qing official case novels as the research object,which is divided into three parts: introduction,body and conclusion.The introduction part summarizes the reasons for choosing this topic,the current research situation and the significance of choosing this topic.The main body is divided into five chapters.The first chapter is a brief introduction of the Ming and Qing official case novels,which is divided into three sections.The first section systematically combs the origin and development of the case novel from the pre-Qin period to the Ming and Qing dynasties in accordance with the order of the times;the second section classifies and summarizes some representative case works that appeared in the Ming and Qing dynasties;the third section focuses on the modern perspective in the topic selection,combs the definition of the case novel and the theory separately,and finally compares the two,and returns to the theory.Text center.The second chapter is an introduction to the public figures in Ming and Qing Dynasties,which is divided into two sections.In the first section,Liu Yong and Lan Dingyuan,two famous officials in history,are selected to discuss the official images which are real in history and have had the experience of handling cases.In the second section,the image of the clean official is discussed,which means that some or even completely divorced from the historical reality,and through literary creation,the Masters or officials who solve cases are widely circulated among the people.The most representative Bao Zheng and Shi Shilun wereselected.The third chapter is a classification of the process of handling cases of the clean officials in the public case fiction.From the beginning of questioning,to investigating and collecting evidence,to judging the case and executing in prison,the process of handling cases at that time can be restored as far as possible.The first section is to inquire the quasi-pleading,which is called filing a case in modern times.The second section is to investigate and collect evidence.Compared with the on-site investigation in modern law,the on-site investigation in public case fiction is basically the same in process and procedure,but due to the large time span and timeliness.There are also some differences in generational backgrounds.In the field investigation of ancient public case fiction,some officials carried out on-the-spot investigation,returned to the scene of the case to find clues and traces,thus creating conditions for the detection of the case.Another part was to examine the corpse at the scene,identify the cause of death through the examination of the corpse,and find evidence from the corpse,the corpse is the most non-lying evidence.Judging the circumstances of a case,by inferring the criminal motives of the perpetrator,making a qualitative judgement of the case,judging the circumstances of each case will be involved in a link,the government will certainly make a qualitative judgement of the case after receiving the case.According to the criminal motives of the suspect,the cases can be roughly divided into four categories: revenge homicide,robbery,murder,adultery and disputes;Section IV is imprisonment and execution.In the public case fiction,there are normal trial process and abnormal trial process.There is no case without trial in the public case fiction.In the modern legal case trial process,there is generally no abnormal trial process in the public case fiction,and the two cases of the modern legal case trial process are divided on thebasis of the normal trial process in the public case fiction.It is different in the specific operation.There are more provisions in modern law for the trial of cases than in ancient times.There are three situations in the abnormal trial,one is that the improper execution of penalty results in the death of the suspect,the second is that the execution immediately after the judgment,and the third is that the case changes because of conforming to the people's conditions.Chapter IV is about the methods of solving cases of honest officials in public case fiction.The application of the methods of solving cases is indispensable.The methods of solving cases are an indispensable part of public case fiction.Even if a case has honest and honest officials,there is no means of solving cases,then this case is doomed to be a headless case.Therefore,in this chapter,it is divided into four sections:reasoning,interrogation,design and super-power.It elaborates on the methods of solving cases of clean officials from four aspects.The fifth chapter is a sublimation chapter in this paper.It discusses jurisprudence and human feelings,which can be divided into four sections:the confusion of etiquette and law,the principle of morality and punishment,the principle of reasonableness and the principle of law.It explores the status of legal principles and human feelings in public case fiction and modern society.It also discusses the question of who is the main and auxiliary subject of jurisprudence and human feelings on the basis of case facts.