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What were the forms of litigation in ancient China?
In Chinese history, there have been more specific regulations on the form of prosecution since the Western Zhou Dynasty.
At that time, there were divisions between civil and criminal proceedings, similar to today's private prosecutions.
Appeal and Direct Appeal – (1) Appeal In ancient China, there was an appeal system called “Begging” since the Western Zhou Dynasty.
Major cases must be reported to the emperor for ruling, and this rule was basically followed in the Qin and Han Dynasties.
In the Cao and Wei Dynasties, in order to simplify litigation and prevent delays in litigation, the beggar appeal system of the Han Dynasty was changed, and it was restored in the Jin Dynasty.
The laws of the Northern Wei Dynasty clearly stipulate that those who have doubts about the judgment of the case or complain about grievances should have a new trial.
In the Tang Dynasty, the appeal system was relatively complete.
If the parties concerned were dissatisfied with the judgment, they could appeal step by step to the emperor.
Appeal cases in the Song Dynasty were called "bie push" or "transfer push" for retrial, and they could appeal to the court or even the emperor's ruling.
In the Yuan Dynasty, if an official in charge "accepted bribes and acted illegally", he could directly go to the Constitutional Bureau to accuse him.
In the Ming Dynasty, appeals beyond the next level were allowed for major special cases.
Qing law also has clear procedural provisions for appeals.
(2) Direct Complaint Direct complaint means that those with serious grievances go to the capital to lodge complaints with relevant central departments or even the emperor himself.
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