"Fa Shuo Summarizes" the litigation and adjudication system of China's legal history

(1) Tell

1. The formation of the Zhou Dynasty litigation system

(1) The Zhou Dynasty distinguished between criminal litigation and civil litigation, calling criminal proceedings prisons and civil litigation litigation litigation. (2) The criminal proceedings shall have a pleading and pay "junjin" as a litigation deposit. (3) In civil litigation, both parties shall appear in court and pay the "bundle of arrows" as a security deposit.

2. Limitations on litigation after the Qin and Han Dynasties

(1) The Qin Law has provisions on "office notice" and "non-office notice".

(2) Tell the superiors step by step, and no lawsuits should be crossed; the Western Jin Dynasty established the Dengwen Drum system, and major grievances were allowed to be directly sued against the imperial court; general crimes, the lowly and the young could not be accused of honoring the elders, and the offenders were punished as filial piety; false accusations were strictly prohibited, and false accusations were reversed.

3. Changes in the litigation system of the Yuan Dynasty

(1) Establish a "Litigation" section. Specific provisions are made on the format of pleadings, writing procedures and the duties of the written author, reflecting the gradual separation of substantive law and procedural law.

(2) Provide for a litigation agency system. It is mainly suitable for two categories of people: the elderly or the disabled, and retired or temporarily departed idle officials. The agent ad litem must be a male "cohabiting relative" or "relative family member", and a female is not eligible for representation in the proceedings.

(2) Trial

1. The "five hearings" interrogation method. The Zhou Li first stipulated the interrogation method of "five listening", that is, listening, coloring, breathing, ear, and eye.

2. Spring and Autumn Prison Break

(1) Generation. The Spring and Autumn Prison Break was clearly proposed by Dong Zhongshu during the Period of Emperor Wu of the Han Dynasty, for which he specially wrote "Two Hundred and Thirty-Two Events of the Spring and Autumn Prison Break".

(2) Concept. The Spring and Autumn Prison Sentence is the content of the Confucian classics represented by the Spring and Autumn Period, which serves as the basis for judicial adjudication and the standard for conviction and sentencing.

(3) Principles. The basic spirit and guiding principle of the Spring and Autumn Prison Break is to discuss the conviction of the heart.

(4) Impact. The result of the Spring and Autumn prison breaks was the addition of the moral judgment advocated by Confucianism in addition to legal standards, thus promoting the Confucianization of the judicial system.

3. Division system. The Song Dynasty adopted the system of sub-divisions, with the purpose of preventing favoritism and fraud.

4. Flip the different deduction system. The Song Dynasty implemented a system of reversal of differences, which means to retract confessions or appeal cases, and to replace judicial officials or to appoint another judicial organ to retry cases.

5. Law of Restrictions. In order not to affect agricultural production, the Song Dynasty had the provisions of the Law on Limiting Business, which limited the period of service from February to September of the lunar calendar every year, restricting the litigation and trial of civil cases.

(3) Judgments

The judgment case must be in accordance with the provisions of the law; the verdict shall be read out to the defendant, called "reading the hammer"; if the defendant or his family is dissatisfied, the "begging" is allowed, that is, the request to the judicial authorities for review; if still dissatisfied, the appeal is allowed.

Welcome to pay attention to the study of the Master of Law, do not get lost!