Traditional Culture Encyclopedia - Traditional festivals - What are the main changes in the litigation trial system of the Western Zhou Dynasty compared with that of the Xia and Shang Dynasties?
What are the main changes in the litigation trial system of the Western Zhou Dynasty compared with that of the Xia and Shang Dynasties?
? (2) The litigation trial system in the Western Zhou Dynasty? 1, tell? Cases are divided into prison and litigation. Prison: equivalent to modern criminal cases, the parties have to pay "Jin Jun" as legal fees; Litigation: It is equivalent to a modern civil case, and the parties have to pay "Shu Ya" as legal fees. When telling, it is strictly forbidden to tell your elders. If you insist on telling, the accuser will be guilty.
? 2. trial? (1) requires both parties to appear in court, sit on the floor and confront each other. The nobles can send their own ministers as representatives to participate in the proceedings.
? (2) Attaching great importance to confession, creating a trial mode of "hearing prison proceedings with five voices", requiring judges to judge the authenticity of the confession of the parties from five aspects: speech, color, anger, ears and eyes;
(3) It is allowed to extort confessions by torture, and the truth of the confession is guaranteed by swearing and swearing;
(4) From the aspect of evidence, the types of evidence include testimony, documentary evidence, physical evidence, inspection conclusion, etc. These are all comprehensive.
The judgment requires the judge to be impartial. If there is no explicit provision in the law, it can be analogized and the conviction is attached.
4. There are five mistakes in stipulating the responsibilities of judicial personnel: only officials, only opposites, only internal, only goods, and only coming. If a judge relies on his power, resents revenge, shields relatives, accepts bribes, and is asked by others to pervert the law, he will be investigated for misjudged cases.
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