1, trial organization
Judicial organizations include central judicial organs and local judicial organs. Central judicial organs. In the Han and Qin Dynasties, it was called "moving the commandant", and in the Sui and Tang Dynasties, it was decentralized, and Dali Temple, the Ministry of Punishment and the Imperial Court were set up. Later dynasties continued this institutional setup, but changed their names. During the Ming and Qing Dynasties, they were called Dali Temple, Hangbu and Duchayuan respectively, and they were collectively called "Sanfa Temple". The Ministry of Punishment is the presiding organ, and Dali Temple is the reviewing organ. Duchayuan not only has the right to supervise the trial of the Ministry of Justice and the review of Dali Temple, but also has the right to directly hear some cases and participate in the joint trial of major and difficult cases by the "Three Legal Departments". Local judicial organs. Local administration also governs justice, and local judicial organs are local administrative organs. The Chief Executive is also responsible for judicial affairs. During the Qin and Han dynasties, local administration was divided into two levels: county and county. Accordingly, the county magistrate and the county magistrate exercise judicial power, but they are assisted by special personnel. Similarly, the Sui and Tang Dynasties set up two levels of state and county administration, with the secretariat and county magistrate as local governors and in charge of the judiciary. Local governments in Ming and Qing dynasties were divided into three levels: province, state and county. At the provincial level, there is a "department of judgments and judges" as a judicial organ, which is directly under the leadership of the emperor and the central judicial organ. There is a sheriff at the government level, who is also judicial; County sheriff and chief justice. The Qing dynasty followed the Ming system and set up three levels: province, state and county, with the governor or governor as the chief executive and the chief secretary under the governor and governor in charge of administration; Establish a judicial department to specialize in judicial work. Prefectures in prefectures and counties have magistrates and county orders respectively, and administrators have judicial power.
2. Tell the system
From Qin and Han Dynasties to Ming and Qing Dynasties, the narrative system was basically the same. In principle, the government will only accept the lawsuit after the victim or insider informs it. However, after the Sui and Tang Dynasties, the government began to find crimes and took the initiative to investigate. Tell it to file in strict accordance with the administrative level.
3. Compulsory measures
Before the Han and Tang Dynasties, there were no strict regulations on compulsory measures in criminal proceedings. After the Han and Tang Dynasties, compulsory measures in criminal proceedings were stipulated in the criminal code. Its specific coercive means include arrest, imprisonment, pursuit, interrogation, bail pending trial and so on. The specific content is gradually refined.
4. Evidence system
From the Han Dynasty to the Qing Dynasty, the criminal codes of various dynasties made special provisions on evidence. In terms of types, there are witness, material evidence, inspection record, documentary evidence and defendant's confession. Among them, more attention is paid to the confession of the defendant, and the confession by torture is legalized as a common means to obtain the confession of the defendant.
5. Judicial system
Regarding the organization of trials, criminal cases are generally tried by one judge alone, and a few major cases are tried by several people together. Regarding the challenge system, there has been a clear law since the Tang Dynasty. About the trial procedure. According to the triangular structure of litigation, the plaintiff and the defendant go to court, and the judge judges in the middle. However, in order to find out the facts, the judge can take the initiative to summon witnesses to testify in court, investigate outside the court, and extort confessions from the defendant or plaintiff by torture. About judgments and appeals. The judgment of a case is generally made by the officials involved in the trial, and then the presiding judge will consider and make a judgment, allowing the parties to appeal against the judgment.
7. Implementation procedures
After the Han Dynasty, the criminal execution system was gradually improved. Generally speaking, the punishment of flogging is executed by the original judicial organ, and the punishment of imprisonment and exile is decided by the judicial organs of the government, state and county and handed over to the specialized organs for execution; The death penalty is executed under the supervision of a specific organ, and the replay system is realized.