Laws in the Ming and Qing Dynasties

1. Main codes and legal forms

(1) Ming Law

"Da Ming Law" is The basic code of the Ming Dynasty was revised by Zhu Yuanzhang, the founder of the Ming Dynasty, in the early years of the founding of the People's Republic of China and completed in the 30th year of Hongwu. The text of the "Da Ming Code" is simpler than the Tang Code, and its spirit is stricter than the Song Code. It is a feudal law that will remain unchanged until the Ming Dynasty, and its style and provisions are inherited by the Qing Code.

(2) Ming Dynasty Law

While revising the "Da Ming Law", Zhu Yuanzhang also issued a decree in the 18th year of Hongwu (1385 AD) in order to prevent "extra-legal legacies". In the 20th year of Hongwu (AD 1387), he personally drew up four volumes, including "Imperial Imperial Edict", "Imperial Imperial Edict Continuation", "Imperial Imperial Edict Third Edition", and "Imperial Imperial Edict for Military Ministers". "Da Gao", Article 236, has the same legal effect as "Da Ming Code".

(3) The formulation of the "Qing Laws and Regulations".

After Emperor Qianlong of the Qing Dynasty came to the throne, he ordered his ministers to research and supplement the laws and regulations of the Qing Dynasty. .

The contents of "Laws and Regulations of the Qing Dynasty" are still seven chapters: Laws of Names, Laws of Officials, Laws of Households, Laws of Rites, Laws of War, Laws of Punishment, and Laws of Industry. Volume 1 is a detailed catalog of the entire text. Volume 2 contains various diagrams, including pictures of six stolen goods, five punishments, prison equipment, mourning clothes, etc. Volume Three is the regulations on specific uniforms.

(2) Regulations refer to a collection of separate regulations for an administrative department or a certain specialized matter (such as the "Regulations of the Lifanyuan"); (3) Examples refer to the "Shanghai Regulations" issued by the emperor on a certain matter. "Edicts" or suggestions put forward by government departments approved by the emperor; (4) Chengli, also known as "fixed regulations", refers to compiled cases and is a single regulation.

(4) "Da Ming Huidian" and the Five Dynasties Huidian.

1. "Da Ming Huidian". "Da Ming Huidian" is a Ming Dynasty administrative code compiled since Emperor Yingzong of the Ming Dynasty.

2. The ceremony of the Five Dynasties. The Qing court imitated the "Ming Huidian" and compiled the "Qing Huidian", which recorded the responsibilities, examples, activity rules and related systems of the main state organs of each dynasty. There are five huidians of Kangxi, Yongzheng, Qianlong, Jiaqing and Guangxu, collectively known as the "Five Dynasties Huidian" and collectively known as the "Qing Huidian".

2. Crimes and Punishments

(1) Crimes that appeared in the Ming Dynasty

1. *Party Crimes

Created during the reign of Zhu Yuanzhang The crime of "anti-party" was used to punish crimes involving officials forming cliques and endangering the imperial rule.

2. The penalty of military exile (life, forever)

In the Ming Dynasty, the penalty of military exile was added to the prison sentence, that is, prisoners were forced to perform hard labor in remote areas, as far away as 4,000 miles and as close as 1,000 miles. inside. This includes the criminal's lifelong ban on the army and his grandchildren's permanent ban on the army.

3. Principles of application of penalties

(1) Principle of new and more severe punishments

In the Ming Dynasty, in order to promote the rule of law, the previous principle of lightness was changed to the principle of new and more severe.

(2) The principle of attaching importance to what is important and despising what is important.

Compared with Tang laws, Ming law has its own characteristics in terms of conviction and punishment. It imposes heavier penalties on serious crimes that directly endanger the ruling order, and lighter crimes that violate the ethical order.

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(1) The Ministry of Punishment of the Ming and Qing Dynasties presided over trials. In the Ming Dynasty, the Thirteen Puritan Officials Division was added to the Ministry of Justice to take charge of criminal and civil cases in each province to strengthen local control. The Ministry of Punishment of the Qing Dynasty had seventeen Qing officials, which were in charge of judicial affairs in the capital and in each province.

(2) The Dali Temple in the Ming and Qing Dynasties was responsible for review and refutation. If the Dali Temple in the Ming Dynasty found that the case was "unclear or inconsistent", it would reject the Ministry of Punishment's revision of the sentence and review it again. These three revisions were inappropriate. The final decision shall be made by the emperor. The main function of Dali Temple in the Qing Dynasty was to review death penalty cases, redress unjust sentences, and participate in joint trials such as autumn trials and hot trials. If the Ministry of Punishment found errors in convictions and sentencing, it could also file a refutation.

(3) During the Ming and Qing Dynasties, the Metropolitan Procuratorate was responsible for official supervision, legal supervision, and also participated in joint trials of major cases.

(4) The above three major judicial organs are collectively referred to as the "three judicial departments". When the three judicial departments conduct joint trials on major and difficult cases, they are called "three judicial departments".

2. Local judicial jurisdiction in the Ming Dynasty

(1) The local judicial organs in the Ming Dynasty were divided into three levels: province, prefecture and county.

(2) The province shall establish a Sentence Prosecution and Inspection Division, which shall be responsible for the punishment of a province. It shall have the power to sentence cases of imprisonment or less. Cases of imprisonment and above shall be submitted to the Central Ministry of Penalty for approval and execution. The administrative and judicial system is implemented at the government and county levels.

3. Local judicial levels in the Qing Dynasty

The local judicial system was divided into four levels: prefecture, county, prefecture, provincial inspector general, and governor (and governor).

(1) The state or county is the first instance level and has the power to decide the punishment of caning, and the above cases are reported.

(2) The government is the second-instance level and is responsible for reviewing criminal cases reported by prefectures and counties, putting forward opinions on crime preparation, and reporting to the provincial prosecutor's office.

(3) The Provincial Procuratorate is the third-instance level, responsible for reviewing cases of imprisonment or above reported by various localities, and hearing criminals in military exile and death penalty cases. Those whose "confessions are consistent" will be reported to the governor , if any doubts are found, the case may be dismissed for retrial, or the case may be reissued to other states, counties, or governments in the province for retrial.

(4) The governor (or governor) is the fourth-instance level and has the power to approve prison sentences, review military discharge cases, and if there is no objection, finalize the case and refer it to the Ministry of Punishment. Death penalty cases must be reviewed and reported to the central government.

(2) The court stick and the judicial system of factory guards and spies in the Ming Dynasty

1. The court stick was ordered by the emperor in the Ming Dynasty. The system of holding ministers accountable with a stick. The big gift case is the most important.

2. The factory refers to the East Factory, West Factory and Neixing Factory controlled by the eunuchs of the Ming Dynasty, and the Wei refers to the imperial guards of the Ming Dynasty emperor. Jinyiwei's North Town Fusi was in charge of the imperial edict assigned by the emperor.

(3) The joint trial system of the Ming and Qing Dynasties

1. The joint trial system of the Ming Dynasty.

(1) Jiu Qing’s “round review”. The cases assigned by the emperor, as well as the cases where the criminals refused to accept the verdict, were jointly tried by the six ministers, the minister of Dali Temple, the censor of Zuodu, and the general envoy Jiuqing, and finally reported the emperor's decision.

(2) Court trial: Under the auspices of the Minister of Civil Affairs, prisoners in serious cases will be tried. The Autumn Trial and Chao Trial in the Qing Dynasty originated from this.

(3) Grand trial: a trial presided over by the Supervisor of Ceremonies (inner court agency).

2. The joint review system of the Qing Dynasty.

(1) Autumn review. Every autumn and August, in the west of Jinshui Bridge in Tiananmen Square, important officials such as Jiuqing, Zhan Shi, Ke Dao, as well as the Minister of Military Aircraft, Cabinet Bachelors, etc. hear the beheading and hanging cases reported across the country. The autumn trial is a "national ceremony" and a specially formulated " Autumn Trial Clauses".

(2) Court trial. The trial organization and method of the review of serious cases decided by the Ministry of Punishment and cases of hanging or execution near the capital are generally the same as the autumn trial, which is held on the tenth day after the frost every year.

(3) Hot review. Dali Temple officials, together with various censors and the Department of Punishment, re-examined the caning cases that occurred in the capital, and quickly sentenced the caning criminals to prison.