What was the name of the ancient judicial department?

Ministers, assistant ministers, principals and officials of the Ministry of Justice. Dali Temple (Siqing)

(1) Judiciary

1. Xia and Shang Dynasties were slave countries evolved from primitive society. Their judicial system has not yet been established, but prisons exist as state violence organs.

The names of Xia Dynasty prisons are fertile soil, military platform and summer platform.

The names of prisons in Shang Dynasty are "Lou Tu", "Prison" and "Prison".

Central and local judicial organs were established in the Western Zhou Dynasty.

The central judicial organs include: (1) Dasikou, the highest judicial organ in China. (2) Sikou is a judicial organ directly under the central government. (3) Judges are judicial officials in the capital.

Local judicial organs include (1) rural scholars (2) Sui scholars.

3. The highest judicial organ in the Qin Dynasty was "Ting Wei", whose main tasks were: (1) to be responsible for the cases tried by imperial edicts; (2) hearing difficult cases sent by local authorities and reviewing major cases.

4. The supervisory organ and procuratorial system were developed in Han Dynasty.

(1) Central supervisory organ.

In the Han Dynasty, the central government set up the Yushitai, also known as Yushitai, as the highest supervisory organ. The chief executive is an ancient counselor, ranking second only to the prime minister, assisting the prime minister in handling state affairs and at the same time in charge of the highest state supervision. There are subordinate officials, such as Zhong Cheng and Shi. Cheng in the suggestion is also called the law enforcement in the suggestion. He led fifteen people in the suggestion.

(2) The local supervisory organs include the first captain of the official department and the secretariat of the state (department).

5. After the development of the Three Kingdoms, Jin, Southern and Northern Dynasties, in the Tang Dynasty, it developed into three major judicial organs: Dali Temple, Ministry of Punishment and Yushitai.

(1) Dali Temple is the highest judicial organ in the Tang Dynasty, trying criminal cases of central officials, cases above the death penalty, and suspected cases of death penalty transferred by local authorities.

(2) The Ministry of Punishment is the central judicial administrative organ, which is responsible for examining cases tried by Dali Temple and counties.

(3) Yushitai is the highest supervisory organ in the central government, responsible for supervising the judicial activities of Dali Temple and the Ministry of Punishment, and also participating in the trial of some cases. All major cases are often tried by Dali Temple officials, together with the ministers of the Ministry of Justice and Yushicheng * * *, which is called "Three Divisions adjudicating cases". 6. In the early Song Dynasty, in addition to the Tang system, the Ministry of Punishment and Dali Temple were set up in the central government to divide the judiciary, and the court was set up in the palace during the Jianlong period. Provisions: All cases tried in Dali Temple must be examined by the Ministry of Punishment, sent to the trial court for detailed discussion, and then submitted to the emperor for approval. It can be seen that the establishment of the trial court is to strengthen the emperor's direct control over judicial power.

7. The judicial organs of the Ming Dynasty were Dali Temple, Ministry of Punishment and Duchayuan. However, as far as its duties are concerned, it is different from the Tang and Song Dynasties: Dali Temple is not responsible for trial, but only for examination. Cases tried by the Ministry of Punishment and the Duchayuan are reviewed by Dali Temple, and they have the right to refute multiple trial orders or instructions; The Ministry of Punishment is responsible for trials, accepting local appeals and major cases, and also hearing cases of central officials; Duchayuan is a supervisory organ, which supervises the judicial activities of the Ministry of Punishment and Dali Temple. It also has certain judicial power.

In case of major cases, the "three legal departments" will jointly review. By the suggestion, Dali temple officials and officials of the Ministry of Justice, that is, the "three-part method for triage"; By the suggestion, Dali temple qing and punishments shangshu * * * with trial, "three law firms came together"; After the trial, it was sent to the emperor for ruling. In case of particularly serious cases, the three major legal departments will jointly try them with ministers, ministers, owners, military engineers and general political envoys. In the Qing Dynasty, it was called "Jiuqing Trial", which was the highest trial level in the central government, but the judgment still had to be reported to the emperor for approval. The most prominent feature of the judicial system in Ming Dynasty is that the factory and health interfere in the administration of justice. In order to strengthen the feudal monarchy, the rulers set up judicial organs for factories and health workers in addition to the permanent ordinary judicial organs. Wei refers to the Royal Guards, and the factory refers to the East Factory, the West Factory and the Inner Factory, collectively referred to as the Factory Guards. It is a judicial institution dedicated to spies in the Ming Dynasty. The Royal Guards are made up of guards and pro-troops to protect the personal safety of the Emperor. They are the emperor's personal guards. Dongchang, Xichang and Neichang are another secret service judicial institution composed of eunuchs who serve the emperor and his empresses.

8. Starting from 1906, in the central government, the Qing government changed the criminal department, which was originally responsible for trials, into the legal department, which was responsible for judicial administration; Dali Temple, which was originally in charge of case review, was changed to Dali Court, which is the highest judicial organ in China, responsible for trial, interpretation of laws and supervision of trials at all levels; Set up the General Prosecutor's Office as the highest procuratorial organ, exercise procuratorial power independently, and abolish DuchaYuan.

9. In order to implement the bourgeois rule of law principle of separation of powers and judicial independence, the Nanjing Provisional Government established the "Provisional Central Trial Court" (also known as the "Trial Court") as the highest judicial organ in China.

10. The Beijing government has a complicated judicial system, and the courts are divided into ordinary courts, permanent courts, special courts and courts. The highest judicial organ of Nanjing National Government is the judicial court. Courts at all levels are located under the trial court. Courts are divided into ordinary courts and special courts. Ordinary courts are divided into three levels: local courts, high courts and supreme courts, and a three-level and three-trial system is implemented. Special courts are set up according to special laws and regulations, and a fascist trial system is implemented.

(2) the judicial system

1. During the trial in the Western Zhou Dynasty, "listen to prison proceedings with five tones". The so-called "five listening", listen to it; Second, listen to the color; Third, listen to the gas; Listen with four ears; Five eyes and ears. Although this interrogation method is not very scientific, it is the summary of slave owners' experience in long-term judicial trial practice and the first method to try to analyze criminal psychology, so it was adopted by later feudal rulers.

5. According to Qin bamboo slips, there were two types of cases in Qin Dynasty: "public prosecution" and "non-public prosecution". "Public prosecution" refers to killing, injuring and stealing others outside the family, that is, endangering the public interests of the country and society, that is, violating the entire ruling order. Such cases must be reported to the government, which must accept them. "Non-prosecution" refers to cases in which children steal money from their parents or the master kills, hurts or "marries" children and footmen without authorization. Such cases are limited to the above-mentioned acts between parents and children who are related by blood and the owner's infringement on handmaiden. If such cases are reported to the government, the government will not accept them. If they insist on reporting, the whistleblower will be convicted.

After the trial, a judgment is made and read to the parties, that is, "reading dysprosium". If the parties plead guilty, the judgment will be executed. If you plead guilty, you can ask for a retrial, which is called begging.

6. Born in the Han Dynasty, he was tried in the Spring and Autumn Period.

The so-called "Spring and Autumn Annals" is to take the spirit and examples of "Spring and Autumn Annals" as the legal basis for the trial, thus legalizing the Confucian classics.

7. The trial system developed greatly in the Ming and Qing Dynasties. Autumn trial is the review system of death penalty cases in various provinces. Because it is held every autumn, it is named "Autumn Trial". The Qing law stipulated that all crimes that seriously endangered feudal rule should be executed immediately, which was called "decapitation" or "strangulation". Those who are less harmful or suspicious will be sentenced to "decapitation in prison" or "detention in prison" for the time being, and their execution will be suspended until the autumn of the joint trial of Jiuqing. Joint trial includes autumn trial and trial. "

In addition, there is a "hot trial", which refers to the trial activities in which the officials of the left and right temples of Dali Temple, together with the contractors of the various punishment departments (called "Little Three Departments"), try the cases of shackles and sticks in Beijing from the tenth day after Xiaoman every year to the day before beginning of autumn.

8. The judicial trial system in the late Qing Dynasty was semi-colonial and semi-feudal. Two typical systems are consular jurisdiction and mixed courts.

9. The provisional government of the Republic of China reformed the autocratic and barbaric feudal trial system by imitating the trial mode of western civilization, and one of its main contents was to abolish extorting confessions by torture.

10. The trial system of Nanjing National Government includes:

(1) "One lawsuit is ignored for nine times", that is, nine lawsuits are not filed for handling.

(2) "free evaluation of evidence". That is, the choice of evidence and the judgment of probative force are not prescribed by law in advance, and judges make their own judgments according to their own legal consciousness and inner conviction. This is a trial principle determined by imitating the legal principles of bourgeois countries.

(3) "non-interventionism". This is a litigation principle adopted in civil litigation, that is, litigation activities are decided according to the will of the parties, and matters undeclared by the parties cannot be judged, and everything is carried out according to the will of the parties.

12. During the War of Resistance against Japanese Aggression period, Ma Xiwu creatively applied the working method of the mass line to the trial work, creating a brand-new form of judicial democracy, namely the Ma Xiwu trial method. Its characteristics are: first, go deep into the countryside, investigate and study, and truly understand the case realistically; Second, rely on the masses, educate them and respect their opinions; Third, it is convenient for mass litigation, with simple procedures and irregular forms. Ma Xiwu's trial method laid the ideological foundation for the emergence of the rectification movement, and the wisdom of the masses was the source of its strength. Its appearance and popularization have trained a large number of outstanding judicial cadres, solved difficult cases for many years, reduced disputes, promoted unity, helped production, guaranteed War of Resistance against Japanese Aggression, and enabled the new-democratic judicial system to be implemented.