Study On The Crime Of Theft And Its Judicial Practice In The Ming Dynasty

The crime of theft has a long history,which not only infringes on the property of others,the safety,but also endangered the national security,so they have been severely hit by the past generation.At the same time,the Ming Dynasty Tianzi people’s disasters continued,taking the measures of theft,and intellectuals were closely related to the thief,even the thieves,made the thief’s crime have been banned.The thief law of the Ming Dynasty was to maintain the interests of the ruling class and the maintenance of social stability;the thief’s judicial practice reflects the implementation of the law from the real level.Refining research on the degree of departure of legal provisions and practices reflected in the Ming Dynasty thief governance,it is intended to reflect from the problems of the thief governance of the Ming Dynasty and provide reference for the construction of modern rule of law.This paper is directed to thieves’ crime,divided into four kinds of behavioral,theft,robbing,and other classes,and "Code of the Great Ming Empire" and "Wenxing Rules" as legal text,from crime composition and The sentencing of the two levels explained that the laws of the law in punishing thieves and the probation of probabilization.Select the "Mengshuizhai Cundu","Zhe Yu Xin Yu","Yunjian Conviction Memorandum",how to choose from non-crime,this sin and the sinister,the application of the law and the examples,and the probabilization of the probation.Comparing legal norms and judicial practice,the Ming Dynasty officials were found to meet the criminal level of the prison,and it was generally adapting to the crime of responsibility,but there were also existence of intensiveness.The rulers of the Ming Dynasty limited the power of officials from the two aspects of trial regulations and review system to avoid mistakes in conviction and sentencing,but there were deviations in the actual operation process.At the same time,due to the different legal level of officials,different understanding of reason and the crafty and corrupt lower officials,there was always an imbalance in sentencing in theft cases.During the modern rule of law construction,the state should absorb the lessons learned by the Ming Dynasty to punish thief pipitis,improve the legislative system mechanism,reduce the discretion of judges,and implement suspects in conviction,adhere to the squirting,pay attention to social ethics Promote the integration of the rational law to achieve social fairness.