The Ancient Chinese Judicial System
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Summary
The Chinese judicial system in ancient times was an important part of China's ancient legal system. The ancient Chinese legal system was characterized by the integration of all laws into one code and the absence of a distinction between civil and criminal law, and judicial activities in ancient China also had their own unique modes of operation and patterns. The ancients left us a wealth of classics and historical materials, through which we can understand the construction of the ancient Chinese judicial system and restore as far as possible the appearance of ancient Chinese judicial activities. This book attempts to use the language of modern procedural law to interpret and analyze historical materials, hoping to establish a complete system of the ancient judicial system. The book consists of two major parts. The first part corresponds to what is now called the general principles of procedural law and mainly covers: the judicial organization of ancient China, including the central adjudicatory organs, local adjudicatory organs, the emperor as the supreme adjudicator, and supervisory organs; it also covers compulsory measures, the evidence system, and so on. The second part corresponds to the specific principles of today's procedural law and covers the various stages of complete litigation activities and the related procedural systems, including the institution of prosecution; court trial; the appeal system; the review and re-examination system; and the execution of judgments.
Editor's review
Written by Mr. Chen Guangzhong, this book uses the concepts of modern procedural law as an analytical framework to systematically sort out the ancient Chinese judicial system. The book is divided into two major parts, general principles and specific principles: the general part covers judicial organization (central adjudicatory organs, local adjudicatory organs, the emperor as the supreme adjudicator, and supervisory organs), compulsory measures, and the evidence system; the specific part discusses, in the order of the litigation process, prosecution, court trial, appeal, review and re-examination, and the execution of judgments. Its value lies in reintegrating institutional materials scattered across a large number of classics and historical sources in the language of modern procedural law, building an understandable system that helps readers grasp the operating modes and inherent patterns of ancient judicial activities. The book is suitable as a teaching reference for courses in law and history, and also for readers interested in traditional legal systems who wish to study it systematically. When reading, attention should be paid to the correspondences and differences between ancient and modern institutional concepts, avoiding the simple application of present-day standards to the past.
Who it's for
A good fit for
- Law students who need to understand the historical origins of China's judicial system
- Historical researchers concerned with ancient legal systems and judicial operations
- Teachers of legal history courses, who can use it as a teaching reference
- General readers interested in traditional legal culture who are willing to read systematically
Not a good fit for
- Casual readers looking for light stories or popular history
- Legal practitioners who only need to understand contemporary judicial practice
- Beginners lacking basic legal or historical training who would find systematic exposition difficult to digest
Reading tips
- Read the general principles first to build an overall framework of judicial organization and the evidence system, then move on to the stages of procedure in the specific principles.
- Take notes while reading by comparing modern procedural law concepts, marking correspondences and differences between ancient and modern concepts to avoid confusion.
- The chapters of the specific principles can be read in sequence following the litigation process, or entered by individual chapter according to interest, paying attention to the connections between successive procedures.
- When encountering cited historical materials, slow down and use the context to understand how the author derives institutional conclusions from historical sources.
Contents
- 版权信息
- 序言
- 中国古代司法制度之特点及其社会背景 （代绪论）
- 第一章 司法机构
- 第一节 中央司法机构
- 第二节 地方司法机构
- 第三节 皇帝的司法权
- 第二章 监察制度
- 第一节 监察机构的沿革
- 第二节 监察机构的职能
- 第三节 监察法律
- 第三章 起诉制度
- 第一节 起诉的方式
- 第二节 关于控告犯罪的政策
- 第三节 对控告的受理
- 第四章 强制措施
- 第一节 逮捕
- 第二节 囚禁
- 第三节 其他强制措施
- 第五章 证据制度
- 第一节 古代证据制度的主要特点
- 第二节 证据的种类
- 第三节 证明
- 第六章 初审程序
- 第一节 审判管辖
- 第二节 法官及其责任
- 第三节 代理人、讼师和官代书
- 第四节 案件的审讯和刑讯
- 第五节 保辜制度
- 第六节 案件的判决
- 第七节 审判期限
- 第七章 审判救济程序
- 第一节 对申诉不服的复审
- 第二节 申报上级的复审
- 第三节 直诉制度
- 第四节 死刑复核与复奏制度
- 第八章 判决的执行
- 第一节 死刑的执行
- 第二节 体刑的执行
- 第三节 流刑与徒刑的执行
- 第九章 监狱制度
- 第一节 监狱的沿革
- 第二节 中国古代监狱管理制度
- 第三节 录囚制度
- 第十章 民事诉讼制度
- 第一节 古代民事诉讼概论
- 第二节 古代民事诉讼的程序
- 第三节 古代的民事调解
- 出版后记
FAQ
Is this book suitable for readers without a legal background?
This book uses the language of modern procedural law to analyze ancient historical materials and has a certain professional threshold. Readers without a legal background may find the general principles difficult; it is advisable to first acquire basic procedural law concepts, or read it alongside general works on legal history, before entering this book.
What do the two major parts of the book cover?
The first part corresponds to the general principles and discusses judicial organization, including central adjudicatory organs, local adjudicatory organs, the emperor as the supreme adjudicator, and supervisory organs, and also covers compulsory measures and the evidence system. The second part corresponds to the specific principles and unfolds according to the stages of litigation activities, including prosecution, court trial, appeal, review and re-examination, and the execution of judgments.
How does the book handle the differences between ancient and modern institutional concepts?
This book attempts to use the language of modern procedural law to interpret and analyze historical materials in order to establish a complete system of the ancient judicial system. When reading, readers should note that the author's borrowing of concepts is an analytical tool; ancient institutions have their own context and should not be directly equated with present-day institutions of the same name.
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About the author
Chen Guangzhong
Author · Chinese · 1930
Chen Guangzhong was born in 1930 in Yongjia, Zhejiang. A renowned Chinese jurist and legal educator, he is a lifetime professor and former president of China University of Political Science and Law. He is one of the principal founders of criminal procedure law in New China and the country's first doctoral supervisor in procedural law. He served as vice president of the China Law Society and received the title of "National Outstanding Senior Jurist" in 2012. His works cover textbooks on criminal procedure law, comprehensive and thematic studies of judicial systems, and occasional writings on legal figures and culture; eleven of his works are included in this collection. His textbook Criminal Procedure Law has been revised and reprinted many times and has long been widely used in legal education. His research on modern and contemporary Chinese judicial systems and on the implementation of the exclusionary rule for illegally obtained evidence reflects an approach that connects institutional history with procedural jurisprudence.
