Please use this identifier to cite or link to this item:
Research on the Document Formats and Trial Types of Documents of Submitted Cases in Qin Bamboo Slips of Yuelu Academy Collection
|Advisor:||閻鴻中(Hung-chung Yen),劉欣寧(Hsin-ning Liu)|
Qin bamboo slips of Yuelu Academy collection,Han bamboo slips of Zhangjiashan,documents of submitted cases,petition for a new finding of fact,retrial,judicial review,formula that“we venture to submit this for decision”,
|Publication Year :||2018|
Litigation procedures and trial types are issues under constant review in legal history. With Qin Bamboo Slips of Yuelu Academy Collection Volume III (Yuelu III) as the major material, this thesis studies the document structure and the trial type of each case and analyzes the meanings of judicial terms in documents of submitted cases. Besides, the thesis will focus on cases that involve cross-institutional and cross-administrative-level procedures since such cases can particularly enhance our understanding of the internal operations of the bureaucracy.
The texts of Yuelu III can be classified into three documents types: (1) pleas to the higher authorities for decision making, (2) recommendations of competent investigators for promotion and (3) petitions for a new finding of fact （qiju fuzhi乞鞫覆治）. First, in the pleas in Yuelu III, the formula that “we venture to submit this for decision（gan yan zhi敢讞之）” is used in a comprehensive and flexible way. In contrast, the same formula is always related to a doubtful case when used in the Book of Submitted Doubtful Cases （Zouyan Shu奏讞書） of early Western Han excavated from Zhangjiashan Tomb no. 247, and the document format is also more standardized. This reflects the trend of standardization of the document administration system from Qin to early Western Han. Second, the recommendations are letters by county magistrates to recommend subordinates with contributions to case solving to be promoted to the ranks of 2,000-bushel accessory scribes （zushi卒史）. Though related to judicial cases, such documents are not trial documents. Third, the petitions are composed of judicial documents and documents for subordinate organizations. The format and structure of recommendations and petitions in Yuelu III are highly consistent with those in Zouyan Shu, which reflects the inheritance and continuation of the document administration system from Qin to early Western Han.
The work sequences or formats of judicial documents reflected by the documents of submitted cases should not be equated with the actual trial procedures. The texts of Zouyan Shu and Yuelu III represent the format of judicial documents including the following four parts: the cause of action, interrogation, finding of fact （juci鞫辭） and sentence. The cause of action is categorized into accusation （gao告） and ex-officio charges （he劾）. The interrogation has a fixed form of record, in which the suspect’s statement is followed by the trial officer’s cross-examination with an aim to make the suspect “confess”. The finding of fact is the confirmation of the accused crime by the presiding trial officer and also the basis of sentence. To deliver the sentence, the terms used include “proposal for judgement （dang當）” and “judgement （lun論）”. Between interrogation and finding of fact is a format called “forensic examination （zhen診） and interagency enquiries （wen問）”, in which the division in charge of trial checks the identity or criminal information of the offender.
“Fuzhi （覆治）”, “fuyu （覆獄）” and “fuan （覆案）” may involve a retrial or a judicial review. The former three are judicial terms of Qin and Han, while the latter two are modern legal concepts, but they are often confused in discussions in legal history. The concepts of “fuzhi” and “fuyu” are similar or equivalent, both being a trial conducted under the instruction of superiors, but they are not necessarily equal to a retrial which means a case should undergo the trial again. For example, “fuzhi” in the petition for a new finding of fact is a retrial, but the retrials of cases 1 and 6 in Yuelu III are irrelevant to “fuzhi”. “Fuan” means review, check and verification, like the “case review” by a highly competent Metropolitan Official （Wuhai duli 無害都吏） for cases “involving a crime that matches the death penalty, as well as one involving killing other persons by mistake or during horseplay”, and should be differentiated from a retrial.
|Appears in Collections:||歷史學系|
Files in This Item:
|6.38 MB||Adobe PDF|
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.