What is the ancient three hall triage and how to go through the process of three hall triage ?

The term "three halls" has been defined differently in different historical periods. Santang is also known as the Three Law Division, and the Three Law Division's Zhou case handling began in the Tang Dynasty. And the three sessions refer to the heads of these three departments:

The joint trial meeting composed of Shangshu of the Criminal Department, Dali Siqing, and Du Yushi.

Its composition is also different at different times. Before the Ming and Qing dynasties, the three halls referred to the three yamen of the Criminal Department, Dali Temple, and Yushitai; In the Ming and Qing dynasties, the Imperial Historical Observatory was abolished, and the supervision agency was changed to the Metropolitan Procuratorate, and the three halls refer to the Criminal Department, Dali Temple and the Metropolitan Procuratorate. So be sure to see which period it is.

At present, criminal cases can only be concluded after going through a set of processes such as public security investigation, procuratorate prosecution, and court trial. The same is true in ancient times and now. AncientThere is no very clear division of labor, but he will let another department review if he can't do it at the first level

Before the Ming and Qing dynasties, Dali Temple was responsible for the trial of ordinary people, and Yushitai was responsible for the trial of ** and the emperor's relatives. In order to prevent the judge from favoritism and malpractice, it needs to be handed over to the criminal department for review, that is, the second instance. Then, if it can't be judged, it will be handed over to the emperor to adjudicate.

At the same time, the Imperial Historical Observatory also has to supervise whether the two departments have violated the law and discipline in the course of the first and second trials. <>

One department preliminarily examines, one department reviews, and another department supervises, which is roughly the judicial process of dealing with big and important cases in ancient times. Such measures are generally not infallible. The three sessions will try these types of casesThe case of rape and rape was caused.

Cases of responsibility for major consequences, cases of rebellion。They are. To review major cases, not all events will be tried, which seems too big and trivial.

However, due to the limitations of the times, the ancient judicial system cannot be used in the past and in the present, and if we want to establish a modern judicial system, we have to learn from other countries. Even now, it is still improving, and it is not perfect.

The three-hall trial means that the three highest executive officers in ancient times reviewed a case at the same time and place. The process is triage at a level.

The three sessions are the Dali Temple of the Criminal Department and the Yamen of the Political Envoy Division, basically if the case reaches this level, it must be because the case is very important, or the personnel involved are high-powered.

The three-session trial means that the top officials of the three departments hear the same case at the same time, in the same place, and on the same occasion. Before the Ming and Qing dynasties, it was first handed over to Dali Temple or Yushitai for preliminary trial, and then the criminal department reviewed it, and at the same time, Yushitai also had to supervise the other two departments to see if there were any violations of law and discipline in the audit process.

Santang refers to the highest officials of the three departments, and in the Han Dynasty, Tingwei, Yushi Zhongcheng and Sili Xiaowei were the three law divisions.

In the Tang Dynasty, the Criminal Department, Dali Temple and Yushitai were used.

for the three divisions. The Ming and Qing dynasties punished Dali Temple and the Metropolitan Procuratorate.

In the case of major and difficult cases, the three legal divisions will hear them together, so as to avoid mistakes in decision-making and minimize human interference, which can be regarded as a simple embodiment of ancient legal democracy.

In ancient times, the general "three-hall trial" case means that the nature and severity of the case are very high, and it is also very valued, which is commonly known as a big case and an important case, like the Song Dynasty's "tanuki for the prince."

The Qing Dynasty's "stinging horse."

cases and so on. In fact, in ancient times, the "three-hall trial" should be accurately called the "three-division trial", which was a system in which the ancient "three-law divisions" (three judicial units) jointly tried major cases.

The Sui Dynasty created a system in which the Criminal Department, the Yushitai and the Dali Temple implemented the system of triage of the three law divisions.

In the Tang Dynasty, the triage of the three divisions was relatively strict, and the system of "three divisions and magistrates" was implemented. In the event of a grievance case that has been reported, it shall be submitted to the Ministry of Justice.

To the matter, in the book province.

Zhongshu Sheren, Yushitai Yushi and other small three divisions trial; Major cases were handled by Dali Siqing.

The criminal department Shangshu and the imperial history Zhongcheng were jointly tried; For major cases that are pending in the local area and are inconvenient to resolve in Beijing, they will send the supervising imperial historian, the member of the criminal department, and the Dali commentator to serve as the three envoys to try the case.

In the Ming Dynasty, the three legal divisions were formed by the Dali Temple, the Criminal Department, and the Metropolitan Procuratorate, and the Criminal Department was in charge of the main trial business; Dali Temple has become a prudent criminal organ, mainly managing the rejection and rehabilitation of unjust and wrongful cases; The Metropolitan Procuratorate supervises the adjudication organs, and also has the right to "adjudicate on major matters and make decisions on minor matters." Major cases will be tried by three divisions; In the event of an extraordinarily serious case, the three legal divisions will conduct a round trial in conjunction with the various ministries of Shangshu and General Political History.

The three halls of trial in the Tang Dynasty were the Criminal Department, the Yushitai, and the Dali Temple. In the Ming Dynasty, the Imperial Historical Observatory was changed to the Inspectorate, and the Criminal Department and Dali Temple were collectively called the Three Law Divisions, which were the highest judicial organs.

The term "three halls" has been defined differently in different historical periods. Santang is also known as the Three Law Division, and the cooperation of the Three Law Divisions in handling cases began in the Tang Dynasty.

Before the Ming and Qing dynasties, the three halls referred to the three yamen of the Criminal Department, Dali Temple, and Yushitai;

In the Ming and Qing dynasties, the Imperial Historical Observatory was abolished, and the supervision agency was changed to the Metropolitan Procuratorate, and the three halls refer to the Criminal Department, Dali Temple and the Metropolitan Procuratorate.

What is meant by "three-hall trial" should start with China's ancient trial and supervision system. Within the political system of feudal China, there was a very important system of constraints, that is, the supervision of bureaucracy and officials. After Qin destroyed the Six Kingdoms in 221 BC, three of the most important official positions were set up under the emperor, namely Prime Minister, Taiwei, and Imperial Historian, and were called the Three Dukes.

The prime minister is in charge of government affairs, the lieutenant is in charge of military affairs, and the imperial historian is in charge of supervision. This system laid the basic pattern of China's bureaucratic politics for more than 2,000 years. Han Cheng Qin system, the supervision agency called the imperial history platform, and the chief was the imperial historian.

The Tang Dynasty supervision institutions formed a strict tricameral system, and its supervision system also had a feature that the imperial history participated in judicial trials, and the emperor "ordered the criminal department, the imperial history platform, and the Dali Temple to be the same case", which continued to the Ming and Qing dynasties, and was called the "three-hall trial". The Ming Dynasty changed the imperial history platform to the Metropolitan Procuratorate, and the Criminal Department, Dali Temple together called the "Three Law Division", for the highest judicial organ, where the "Three Law Division" participated in the trial. Three divisions will be tried", which is commonly known as "three triages".

Why is the "Three Law Divisions" triad called the "Three Sessions Triage"? This is because the official offices of the three chief justices of the Criminal Department, Dali Temple, and the Metropolitan Procuratorate are all in the lobby of the government office, so the chief justice is commonly known as "Tang Guan". During the three-hall trial, three desks were set up in the lobby of the Criminal Department, with Shangshu, the official of the Criminal Department, sitting behind the south-facing table, while the prefects of the Dali Temple and the Metropolitan Procuratorate sat behind the two tables facing each other from east to west, and had the right to speak in the course of the trial, and finally made a unified trial result.

What were the three tribal tribals in ancient times? What are the three classes? Ordinary people don't even have the qualifications to be tried!

The origin of the three triages:

1) In ancient China, since the Tang Dynasty, major cases were "edicted by the emperor to be the same case of the Criminal Department, Yushitai, and Dali Temple", and continued to the Ming and Qing dynasties, known as the "three halls of trial". In the Ming Dynasty, the Imperial Historical Observatory was changed to the Metropolitan Procuratorate, and the Criminal Department and Dali Temple were collectively called the "Three Law Divisions": the Criminal Department was in charge of the Beijing Division and the local serious case trial, the Dali Temple was in charge of the review, and the Metropolitan Procuratorate was in charge of picketing, and the major and difficult cases were jointly tried by the "Three Law Divisions", which was known as the "Three Divisions of the Trial" in history, but the folk custom called the "Three Sessions of the Trial":

This is because the official offices of the Criminal Department, Dali Temple, and the Chief Inspector of the Metropolitan Procuratorate are all in the lobby of the government office, commonly known as the "Tang Guan", and when the three halls are tried, the Shangshu of the Criminal Department is the main judge, and the chief of the Dali Temple and the Metropolitan Procuratorate have the right to speak in the process of hearing the case, and finally make a unified trial result.

2) The widely known folk "Three Halls Trial" is mainly from the "Three Halls Trial" in the opera "Yutang Chun", but the three halls are not completely consistent with the "Three Halls" in the history of the legal system: the lyrics indicate that they were tried twice in Hongdong County and once in Taiyuan Prefecture, so the "Three Halls" in folk singing generally only refers to three larger trials, and whether they have really passed the trial of the "Three Law Divisions" is not deeply studied.

Legal analysis: Santang refers to the highest officials of the three departments, and in the Han Dynasty, Tingwei, Yushi Zhongcheng and Sili Xiaowei were the three legal divisions. In the Tang Dynasty, the Criminal Department, Dali Temple and Yushitai were the three legal divisions.

In the Ming and Qing dynasties, the Dali Temple and the Metropolitan Procuratorate were the three legal divisions, and in case of major and difficult cases, the three legal divisions were jointly tried by the three legal divisions, so as to avoid mistakes in decision-making and minimize human interference factors, which can also be regarded as a simple embodiment of ancient legal democracy.

In ancient times, the general "three-hall trial" cases meant that the nature and severity of the case were very high, and they were also very valued, which was commonly referred to as major and important cases, such as the "tanuki for the prince" in the Song Dynasty, the "stabbing horse" case in the Qing Dynasty, and so on. In fact, in ancient times, the "three-hall trial" should be accurately called the "three-division trial", which was a system in which the ancient "three-law divisions" (three judicial units) jointly tried major cases.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 20: Basic level people's courts have jurisdiction over first-instance ordinary criminal cases, except where a higher level people's court has jurisdiction in accordance with this Law.