文章基本信息

标题：The Feature of Subjects in the Ke-Ju (_??__??_) Sustem of the ming Periodconcerning the introduction of a judicial decision (_??__??_)
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作者：Masahiro Wada
期刊名称：法制史研究
印刷版ISSN：0441-2508
电子版ISSN：1883-5562
出版年度：1993
卷号：1993
期号：43
页码：271-308,en10
DOI：10.5955/jalha.1993.271
出版社：法制史学会
摘要：The feature of the subject in Ke-Ju system of the Ming period, is that judicial decisions were adopted instead of the poetry. From the first, Zhu Yuán Zhang wanted to exclude such a false sentence as has danger that fact would be hidden, and he demanded sincere learning. That judicial decision was adopted instead of the poetry by Zhu Yuán Zhang was also because he wished that a government official should have a deep understanding for the confucian morals and the administrative ability.Judicial decision of the Ming period can be descended from Pàn (_??_) of the Táng Period, or from Duàn Àn (_??__??_) of the Xin Ke Míng Fa Ke that was established by Wáng Ãn Shí, who claimed sincere learning in 1069 (Xi Níng 2 Mián). However, Deng Ke Lú of Xiang Shì ·z;Huì Shì in the Ming period does not show us an example answer on judicial decision. Accordingly, its contents seem to have derived from an annotated edition of Lú Lì which was published for the use of any government official, clerk, students preparing for an examination of Ke-Ju in the late Ming period.Judicial decision was adopted in the Xiang Shì of Ming period as one of the Ke-Ju system, and the most frequently used clause was set at Jia Jing (_??__??_)-Wàn Lì (_??__??_) era of the late Ming period, Li Lù(_??__??_) [Jìn Zhi Yíng Sòng (_??__??__??__??_)]. When we study this clause in the annotated edition of Lù Lì (_??__??_), we can find that «Zhao Ni (_??__??_)»and«Pàn Yu (_??__??_)» are very important. The first step of the «Zhao Ni»is an acknowledgment of suspicion toward Zhào Jia that welcomed and sent off their superiors as well as Qián Yi which accepted welcome and send-off of Zhào Jia. The second step is to make the original bill of culpability (_??__??_=_??_·_??_). The third step is to make the original bill of punishment (_??_) which imposes Penalty of Zhàng (_??_) ninety to the principal and an accessory.In all cases, the examples of the «Pàn Yu» regarding [Jìn Zhi Yíng Sòng], are composed of from one hundred to one hundred forty two letters. When we analyze each phrase in judicial decision, we can easily find that, in all cases, it shows an antithesis of eight crotches. In short, Pàn Yu= [Jìn Zhi Yíng Sòng]refers to the historical cases and admonishes the government official that observed or deviated the rules on the welcome and send-off as a matter of courtesy at administration of justice. It also, regarding the application of a law, requires to make up a literary composition full of flowery rhetoric which consists of eight crotches on wording the acknowledgment of suspicion as well as the judgement of a punishment.Set questions of judicial decision are frequently adopted in the late Ming period. Such a feature seems to be relevant to the conflicts of the Ju Hé (_??__??_) ·Kao Chá (_??__??_) of Fu·Àn (_??_·_??_) for the local government official that have been actualized in Jia Jing-Wàn Lì era.