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There is no court. There is only a torture hall. Because the Qin Dynasty governed the country according to law. After the Han Dynasty overthrew the Qin Dynasty. What he advocates is to govern the country with propriety. Big and small things are generally solved by themselves in the ancestral hall of the family. Very few of them go to court.
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Yes, small cases are tried by the county order, and big cases are tried by the Tingwei Mansion
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Liao History: Criminal Law Chronicles": "Those who punish also begin with soldiers and end with rituals." Thus at first the magistrate was equal to the military attaché, and then gradually evolved into a civilian official in charge of the judiciary.
At the beginning of the Han Dynasty, this official position was followed, the sixth year of the Western Han Dynasty (144 years ago) was renamed Dali, the fourth year of the founding of Emperor Wu of the Western Han Dynasty (137 years ago) was changed back to Tingwei, the second year of Yuanshou of the Western Han Dynasty (the previous year) was renamed Dali again, Wang Mang was renamed as a scholar in the new dynasty, and the Guangwu Emperor of the Eastern Han Dynasty was changed back to Tingwei after the restoration of the country. "Hanshu Hundred Officials and Ministers": "Tingwei, Qin official, in charge of punishment, there are positive, left and right prisons, and the rank is thousands of stones."
Emperor Jing changed his name to Dali in six years, and Emperor Wu was reinstated as a court lieutenant in the fourth year of Jianyuan. At the beginning of the third year of the Xuandi Festival, the left and right sides were flat, and the rank was 600 stones. In the second year of Emperor Mourning's first life, he was restored to Dali.
Wang Mang changed his name to be a scholar. "Wei, Jin, Southern and Northern Dynasties all have the post of Tingwei, the Northern Qi Dynasty was renamed Dali Temple Qing (Zhangdali Temple), and then all Chinese dynasties (except the Yuan Dynasty) have Dali (Temple) Qing position.
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Ordinary cases will be handled by the local government, and larger cases will be handed over to the Imperial Authority.
The Imperial Lieutenant Office can administer any type of case it wants, and unless the Emperor intervenes, the case can be handled in accordance with the statute.
For example, military cases, cases of members of the imperial family, etc., only need to ask the emperor for instructions, and the court lieutenants have the right to deal with them.
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Depending on the size of the case, the big cases are generally in the Tingwei's Mansion, the small cases are in the localities, and the emperor himself tries the extraordinarily large cases.
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Lieutenant, who was indeed a military officer in the Qin and Han dynasties, commanded the Praetorian Guard troops, and was a senior officer in charge of the security of the Beijing Division.
By 104 B.C., that is, the first year of Emperor Wu of the Han Dynasty, he was renamed Zhijinwu, and at the same time, his responsibilities were changed.
Later, the title of Kingo was abolished, the lieutenant was restored, and his duties were restored to military rank.
Therefore, in "The Emperor of the Han Dynasty", the lieutenant should actually be the ruling Jinwu, responsible for public security and picketing, and it is reasonable to try the case in a cover-up.
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In the early Han Dynasty, there was no separation between civil and military families.
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Watch Zhou Xingxing's movie "The Judge of the Dead".
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Generally speaking, all cases are tried at the grassroots level (county level) and are heard by the county magistrate. Unless it is a major or important case, such as a rebellion, a major rebellion case, etc. If the county fails to hear the case or one party is not satisfied, it can be reported or appealed to the level of the prefecture or prefecture (referring to the prefecture of Zhili rather than the prefecture of Sanzhou), and the prefect or prefecture will hear the case, which is equivalent to the current second instance.
If the prefecture or prefecture has not yet resolved the issue, it can be taken over by the Inspectorate of Justice, which is equivalent to the current final adjudication.
In order to avoid the incidence of unjust cases as much as possible, the imperial court would regularly send imperial historians as inspectors to inspect the provinces. If there is a case that cannot be resolved by the prosecutor's office or a case in which the people are dissatisfied with the verdict, they can go to the court to file a lawsuit. Of course, you can also go to Beijing to hit the "Dengwen Drum" to submit the complaint, and then the Dali Temple or the Criminal Department will take over.
In ancient times, skipping appeals was discouraged in principle. Even if there is a dissatisfaction with the verdict, it is necessary to appeal one level at a time, otherwise everyone will lean on the higher level, which will bring chaos to the judicial process. Those who appeal at a higher level must be beaten first, and if they appeal to the official at a higher level, even if they win, they will be exiled.
If the case takes place in the prefecture, it is not directly tried by the prefect. Each prefecture is located with a prefecture (called "Fukuo County"), and even the seat of the capital Shuncheonfu has a capital county such as Wanping and Daxing. In the event of a case, the case will be heard by the county where the case occurred.
If the case takes place in a state town, it can be directly tried by the governor, because the state city does not have a county, and the affairs of the state town are directly managed by the governor.
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Strict law enforcement.
Bamboo tubes and bamboo sticks in the public court When the case is tried in the lobby, people can see that there are four sticks on the desk of the county magistrate, and there is a word written on each stick, which together is "strict law enforcement". Among them, a large number of capture sticks are inserted in the "hold" word holder, and the bamboo sticks inserted in the other three sticks are white-headed sticks, black-headed sticks and red-headed sticks. The white-headed sign has one board per sign, the black-headed sign has five boards per sign, and the red-headed sign has ten boards per sign.
It is said that the trick is on this stick: if the county lord throws down forty white-headed sticks, although it is forty big boards, after playing, the skin and flesh are as white as before, and he can walk immediately. If you throw a few black-headed sticks, it will also be forty boards, which will make the prisoner's skin open.
If the four red sticks are thrown, the prisoner will be even more unlucky, and he will be crippled if he does not die. In addition, bamboo tubes and bamboo sticks also have a little-known role: a stick holder is just a container for measuring a bucket of rice, and a bamboo stick is exactly a foot long.
The role of bamboo tubes and bamboo sticks When the case is tried in the lobby, people can see that there are four lottery holders on the desk of the county magistrate, and one word is written on each stick, which together is "strict law enforcement". Among them, a large number of capture sticks are inserted in the "hold" word holder, and the bamboo sticks inserted in the other three sticks are white-headed sticks, black-headed sticks and red-headed sticks. The white-headed sign has one board per sign, the black-headed sign has five boards per sign, and the red-headed sign has ten boards per sign.
It is said that the trick is on this stick: if the county magistrate throws down a white-headed stick, although it is a big board, after the beating, the skin and flesh are as white as before, and he can walk immediately. If you throw a few black-headed sticks, it is also a big board, which will make the prisoner's skin open.
If a red head is thrown, the prisoner will be even more unlucky, and he will not die but also be crippled. In addition, it is said that bamboo tubes and bamboo sticks also have a little-known function: a stick holder is exactly a container for measuring a bucket of rice, and a bamboo stick is exactly one foot long.
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No, it is the secretary or the scrivener who makes the record in the court. The master is a staff member hired by ** privately, and his private status is good but he belongs to the common people in official affairs, and he is not qualified to be in court during the trial, and he is generally heard behind the scenes or in the back room.
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It is generally the master in charge of the criminal name.
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