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A Case Study Of Direct Appeals As Seen In Ming Shilu

Posted on:2021-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:W D PanFull Text:PDF
GTID:2515306197458414Subject:Chinese history
Abstract/Summary:PDF Full Text Request
The ancient Chinese litigation system was deeply influenced by Confucianism."No litigation" has always been the ideal order pursued by the highest ruling class.As for the general public,it also regards litigation as a dangerous way.However,the reality of the society is that the lawsuits,the lawsuits and the lawsuits are popular."No litigation" has never been realized.The direct appeal system can be traced back to the Western Zhou Dynasty.It is a case of great case or a prison case.The parties or their close relatives may exceed the limits of the general proceedings and litigation jurisdiction,through special channels,such as Cars and other means,directly report to the highest ruler,and hope to give a fair trial of a system of justice.This article combines the direct cases of the relevant cases of Ming Shi Lu,through its classification,comparison,analysis of its operating mechanism,to see how effective the direct complaint is,so as to fully understand the direct complaint system.The direct appeal system undoubtedly demonstrates the pursuit of substantive justice in traditional Chinese legal culture for correcting false and wrong cases and realizing imprisonment.Under the feudal centralized system at that time,there must be its inevitable historical limitations.The direct appeal system has a strong idea of human governance.The common people often place the fair trial of judicial cases on the honest and honest bureaucrats or the monarchs of the sages.But the reality is that the corrupt officials are filthy,the emperor is ridiculous,and the prison is sinking into the sea.The direct appeal system has disappeared in the long history,but it is undeniable that its reform of the current petition system still has a role to be reckoned with.
Keywords/Search Tags:Ming Shi Lu, direct complaint, case, operating mechanism
PDF Full Text Request
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