(1) Legislation

1. Daming Law

was compiled and promulgated in Taizu, with 7 articles, 3 volumes and 46 articles. It changed the traditional criminal law style, and became a feudal law that remained unchanged throughout the Ming Dynasty, with seven chapters, namely, examples, officials, households, rituals, soldiers, punishments and workers. Its legal text was simpler than that of the Tang Dynasty and its spirit was stricter than that of the Song Dynasty.

2. Ming Da Huang

(1) Emperor Zhu Yuanzhang compiled and compiled the cases he personally tried, together with the "admonition" issued because of the cases, as a special law to admonish his subjects, which has the same legal effect as the Ming Law.

(2) It embodies Zhu Yuanzhang's thought of "ruling the world with heavy code". For the original crimes in the law, the punishment is generally aggravated, the extra-legal punishment is abused, and "the official is severely punished".

(3) It is also an unprecedented law in the legal history of China. Every family must have a great coat, which is also included in the imperial examination. After Ming Taizu's death, the great coat was shelved and had no legal effect.

3. Ming Hui Dian

(1) It was compiled in the reign of Emperor Yingzong, and was initially compiled in the fifteenth year of Emperor Xiaozhong Hongzhi, but it was not promulgated. Supplement to the school journal of Wuzong, Sejong and Shenzong Dynasties.

(2) It is basically modeled after the Six Codes of the Tang Dynasty, and still belongs to the administrative code, which plays a role in adjusting the administrative and legal relations of the country.

(II) Accusation, Penalty and Penalty Principle

1. Crime of Party Treason and Punishment of Forcing the Army

(1) Crime of "Party Treason"

This crime has no definite content, but actually provides a legal basis for the emperor to kill the veteran hero at will.

(2) banishment penalty

The banishment penalty is added to the exile penalty, and there is a difference between my lifelong banishment and that of my grandchildren.

2. The principle of giving priority to the new and paying attention to what is important and neglecting what is light

(1) The punishment should be given priority to the new

(2) "Paying attention to what is important and neglecting what is light"

1 For thieves, thieves, money and grain, the law is more important than the law of the Tang Dynasty, which is the principle of "paying attention to what is important".

2 for general crimes such as "ceremony and custom education", the punishment of the clear law is lighter than that of the Tang law, which is the principle of "light the light".

(3) Judicial system

1. Judicial organs

The central judicial organs below the emperor are the Ministry of Punishment, Dali Temple and Duchayuan. Change the system of Dali Temple, Ministry of Punishment and Yushitai since Sui and Tang Dynasties.

(1) The Ministry of Criminal Affairs

has added thirteen departments to handle criminal and civil cases in various provinces and strengthen local judicial control;

(2) Dali Temple

rechecked and corrected the case, and found that there were "people whose love words were unknown or lost", so it was rejected and the sentence was revised by the Ministry of Punishment and rechecked. If such three changes are improper, please call the emperor for a ruling.

(3) Douchayuan

picketed. Mainly to picket Baisi, jointly examine and hear official criminal cases. There are thirteen ways to supervise the empire. The judicial charge of DuchaYuan mainly includes the following aspects:

1. Reviewing or trying criminal cases committed by officials in Zhili, provinces and the capital;

2 to review or hear cases of strangulation and detention in Zhili, provinces and the capital;

3 the imperial censor was instructed to patrol Zhili, provinces and places, and to hear the emperor's ruling on official crimes, and the people's cases were either tried in person or handed over to the two departments for trial, and "major matters were decided and minor matters were decided".

◎ The three central judicial organs are collectively referred to as the "Three Legal Departments". For major and difficult cases, the three divisions of the three departments jointly heard the case, which is called "the three divisions jointly heard the case".

(4) Local judicial organs

1 are divided into three levels: provincial, prefecture (Zhili prefecture) and county.

2 along the song system, the provincial department of sentencing and investigation has the right to impose imprisonment and the following cases, and cases above imprisonment must be submitted to the central criminal department for approval and execution.

3 at the prefecture and county levels, the system of administrative and judicial integration is still implemented by the magistrate, the prefecture and the magistrate.

◎ if you sue, you will be severely punished.

4 "Shen Ming Pavilion" was set up in counties and townships, and placards were posted to affirm enlightenment. aged person, a highly respected folk city, accepted local folk disputes and settled them through mediation.

2. Jurisdiction system.

(1) In the jurisdiction of cross cases, the Ming Dynasty inherited the laws of the Tang Dynasty, and at the same time implemented the defendant principle to reduce prevarication.

(2) The military and civilians shall be prosecuted separately.

1 Any officer or soldier who commits a crime "has nothing to do with the people" shall be "questioned by the military government in charge".

2 "Military-civilian word litigation abroad" involving "treasonable secrets and serious matters" is allowed to be accepted by "officers guarding the general commanders, generals and garrison officers".

3 if the military case is related to the people, the military yamen and the local government will "make an appointment".

◎ It reflects the perfection of military trial procedure and jurisdiction system in Ming Dynasty.

3. Tingzhang and the factory guard.

(1) The court staff

is a system in which the emperor gives orders, Si Li supervises the punishment, the Royal Guards executes the punishment, and the officials are held accountable by the staff above the court.

During Zhu Yuanzhang's reign, Xue Xiang stick to kill, the minister of the Ministry of Industry, was placed above the court. In the early years of Emperor Wudong's Zhengde in the Ming Dynasty, Liu Jin, the eunuch, followed the emperor's will and "began to undress" the minister, making many courtiers dead. During the Jiajing period, as many as 134 ministers were blamed for the "big gift case", and 16 people died.

The emperor used extra-judicial punishment, which deepened the contradictions within the ruling clique and had a bad influence on the implementation of the legal system

(2) The "factory" and "security" spy judicial organs

were not only a major feature of the Ming Dynasty's justice, but also a major malpractice of the Ming Dynasty.

The factory guards were mostly eunuchs, and judicial intervention began in the Taizu period. By the late Ming Dynasty, there were more than 1, factory health agents, which seriously interfered with the judicial work.

1 The Third Division has no right to change the ruling made by the factory health, and sometimes it has to be implemented.

2 illegal arrest and execution are not bound by law.

4. Litigation system

◎ Joint hearing system in Ming Dynasty

(1) Joint hearing of Jiuqing

is also called "round hearing". It is a case handed over by the emperor or a case that has been sentenced but the prisoner still refuses to accept the confession, which is made by six ministers and the general political envoys of the General Political Affairs Department, the Zuodu Imperial Envoy of Duchayuan and the Dali Temple Qing.

(2) Trial in court

The Third Division of Justice, together with the Duke and Earl, tried the prisoners with serious crimes under the auspices of the minister of the official department (or the minister of the household department). The autumn trial and the court trial in Qing dynasty all originated from this.

(3) Grand Trial

Xian Zong ordered a member of Si Lijian (the head of the eunuch's twenty-four official offices) to sit in the middle of the hall, and all the officials of Shangshu ranked around. From then on, "Jiuqing was under the control of the internal officials" and tried the prisoners in Dali Temple with the Third Law Department, "every five years."

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