On The Joint Trial System Of Ming Dynasty And Its Contemporary Enlightenment

The joint trial system is a trial system with the characteristics of Chinese legal system,which manifested as many subject join in the trail.The joint trial system tended to mature in the Ming Dynasty and become a complete system with distinctive characteristics.Compared with the Tang Dynasty,the joint trial system in the Ming Dynasty has made great progress.It has many forms like joint trial of multiple officials,round trial and grand trial,which have the characteristics of the Ming Dynasty.These form of joint trial coexist for a long time,so the central judicial system covering difficult,serious prisoners,death penalty and other cases has been formed.The Qing Dynasty continued the judicial system of the Ming Dynasty.Therefore,the joint trial system formed in the Ming Dynasty provided the basis for the improvement of the joint trial system in the Qing Dynasty,and made the joint trial system in Qing Dynasty reached the peak of the feudal period.The joint trial system of the Ming Dynasty plays an extremely important role in the development of the joint trial system.Since the 17^th party congress,the reform of the judicial system is constantly moving towards the goal of efficiency and fairness.Promoting the modernization of the judicial system and judicial capacity is an important measure to deepen the reform of the judicial system.In recent years,the four grade courts have took a series of steps to manage the relationship between judicial efficiency and judicial justice,improve the organizational form of the court which consist of collegial-trial system,sole-judge system and judicial committee and strengthen internal and external judicial supervision.the courts try their best to make the people feel fairness and justice in every judicial case.Studying every judicial system of Chinese legal system means we can reshape the Chinese legal system from one perspective and absorb wisdom of Chinese legal system.An in-depth understanding and analysis of the joint trial system and its gains and losses in the Ming Dynasty can play a positive role in finding substantive justice in China’s trial cases,promoting a deeper reform of the judicial system,and playing a think-tank of the history of the legal system.This paper consist of five part.The first part is the origin of the joint trial system.Ming Dynasty is a period which the joint trial system gains considerable development.The joint trial system of the Ming Dynasty,which is characterized by the integration of trial and prisoner recording,has a very rich institutional origin and ideological basis,so I take it as the beginning of the paper.The second part is the details of the joint trial system of Ming Dynasty.According to the main body of the trial case,the trial system will be divided into three division joint trial led by the three judicial divisions and round trial led by Dali temple,Court of Censors and six department officials,and palace trial.According to the time of holding the trial,the trial system will be divided into summer trial,cold-season trial and the grand trial hold every five years.The third part is the effect of the joint trial system of Ming Dynasty.This is the part about the advantage of the joint trial system.The joint trial of the Ming Dynasty,as a connecting link between the preceding and the following links in the development of the joint trial system,has played a lot of positive roles in both the Ming Dynasty and the Qing Dynasty.It Maintained feudal rule of Ming Dynasty by using the careful criminal justice philosophy,pursuit the substantive justice and reaching the goal of restrict and supervision of judicial power.The impact on the Qing Dynasty is mainly reflected in the institutional foundation for the formation and development of the joint trial system in the Qing Dynasty.The 4^th part is the limitations of the joint trial system of Ming Dynasty.This is the part about the shortcoming of the joint trial system.The biggest drawback of the joint trial system of Ming Dynasty is the lack of judicial independence,which manifested as the supreme jurisdiction is controlled by the emperor and administrative officials intervene the trial.In addition,the efficiency and quality of the joint trial system in the Ming Dynasty are unbalanced.This shortcoming led to the serious retention of prisoner and the formalistic trial judged over one hundred cases in one day.The 5^th part is the contemporary inspiration of the joint trial system of Ming Dynasty.First,In terms of theory,the theoretical core of the joint trial system of the Ming Dynasty,which is dominated by morality and supplemented by punishment,highlights the remarkable characteristics of the rule of both morality and law in the Chinese legal system.Its ideological core still has many benefits under the background of building a socialist legal system with Chinese characteristics.Secondly,the shortcoming of the joint trial system of Ming Dynasty in dealing the efficiency and quality is revelatory.In the aspect of trial,the joint trial system of Ming Dynasty inspires us that we should keep the independence of court.At the same time,we should improve judicial committee system and make sure that the jurisdiction is under the supervision.Finally,the prudence of the court trial system in dealing with dead prisoners in the Ming Dynasty provides three aspects of inspiration:substantive law,procedural law and improving the review of death penalty system.