All dynasties seem to have procedures for legal appeals, but due to the degree of self-development of feudal dynasties, some law-related appeals in these dynasties are also different, and generally different in degree.
However, in the Qing Dynasty, the procedures for legal appeals were actually very perfect, the most typical of which was the procedure for appealing to Beijing, which was called the Beijing control system in the Qing Dynasty. So what exactly was the Beijing control system in the Qing Dynasty?
1. The Beijing control system is very different from the previous traditional direct appeal
In fact, the Beijing control system was not completely called this name in the Qing Dynasty, but gradually produced a more systematic and perfect name with the development of society. It was founded around the time of Emperor Jiaqing
The "Laws of the Great Qing Dynasty" stipulates: "Those who go out of the suburbs and clash with the guard of honor and act in vain shall be investigated and prosecuted for the instigation of the chief envoy and the fabrication of the written pleadings, and shall be questioned for their crimes, and each shall be given 100 rods and sent to the border to fill the army." The love words played do not distinguish between fiction and reality, and it is not possible to file a case. ”。
In fact, this is also a more worrying issue arising from the Beijing control system, because of the effectiveness of the Beijing control system and the thoroughness of handling cases. So there will be a lot of ** or people will directly appeal when they don't get fair treatment. However, to a certain extent, such an approach is conducive to the resolution of cases by the people, and can achieve a good effect.
However, this did not fully take into account the emperor's feelings. The emperor has to deal with a lot of things every day, and if the capital control system is not set up completely or some other problems will arise, then it will bring a huge burden to the emperor himself.
After all, the emperor himself is not specifically in charge of this. Therefore, the system derived from the Beijing control system is a direct complaint. However, according to the order of the birth of time, it should be that the Beijing control system is part of the direct complaint, and in fact it is.
However, in the end, the use of functions between the two is also used by each other, so the difference between the final control system and the direct complaint is not really bigHowever, the institutions of trial are not the same. The nature of the direct prosecution is the same as that of the Beijing control system, and it is because of the grievances in their own cases that they choose to seek another force to retry the original case.
There is still a huge difference between the direct prosecution and the Beijing control system, which can only occur in the capital, because the main case retrial needs the emperor, is in the imperial palace. But direct prosecution doesn't have to happen in KyotoThis is because a direct complaint can make it possible to resolve the incident through local agencies, not necessarily in Beijing.
Of course, if the case is really difficult to handle, then such a case will definitely be turned into a special case and transferred to the Beijing control system at that time to deal with it. In fact, the existence of the direct complaint system and the Beijing control system at that time could complement each other.
The existence of the direct complaint system was to alleviate a certain burden on the Beijing control system at that timeSo that some cases at that time could be properly handled again, and the emperor at that time could get a certain rest. However, the conversion process between the two is not very simple, and it requires a very complex procedure.
There were many procedures to go through before the establishment of Beijing Control, and it was only possible to pass it after some review by the higher authorities. This kind of review also shows that the case has no way to properly handle such a case in some local organs, even the ** Criminal Department or the Metropolitan Procuratorate, so such a case will be transferred to the hands of the emperor and handed over to the emperor at that time to deal with.
2. Both direct appeal and Beijing control can be regarded as a means of admonition
"Zhou Li" records, "The road drum is built outside the door of the big bed, and the servant is in charge of its government, so as to wait for the poor and the order, and when he hears the sound of the drum, he quickly reverses the royal servant and the royal concubine", "Where the desire of the old and the young near and far is restored to the top, and the person who is long and the Buddha is standing on the lung stone, and for three days, the scholar listens to his words, and the sin is long." ”However, at that time, the direct complaint was only a lawsuit or the function of admonition, and with the increasing demand for litigation in the future, the function of admonition was gradually replaced. However, such a feature is not exclusive to a particular dynasty, but exists in every period. Because in many cases, there will be some things, and some local agencies need to get another agency to intervene and re-deal with the matter because they do not see the comprehensiveness of the physical object.
However, in each era, there will be some obvious differences in the form of direct appeal, and in the Qing Dynasty, a kind of Beijing control system was gradually derived, and it was also because the original direct complaint function needed to carry a lot, in order to improve some work efficiency, so the Beijing control system appeared.
In fact, it is a very normal thing for this kind of thing to appear, because the ruling ideology at that time, that is, Confucianism, supported this thing.
The spirit reflected in the Qing Dynasty's Beijing control system was that the voice of the lower classes of the people could be heard by the rulers, that is, the idea of the sage king reflected in Confucianism。And the reason why the Beijing control system can be developed in love with rivals is mainly based on the special social factors of the Qing Dynasty.
Most of the emperors of the previous dynasties were from the Central Plains, so they also admired the Central Plains in some ways of life, that is, they would not go out or were conservative in some lifestyles. But the rulers of the Qing Dynasty did not seem to be the same as them, and the Qing Dynasty was a minority of nomads in the northeast before it was founded.
Therefore, some typical nomadic ways of life have also been preserved, especially in the early Qing Dynasty. So it was easy for the people at that time to see the king outside, at least more easily than the previous dynasties. Therefore, based on the possibility of meeting the emperor, many people chose this kind of capital control system at that time.
"This must not be taken away! If the people are wronged, the local governor and other officials can appeal. Now because of my luck, I have sued one after another, but I hope to be lucky and fasten his personal grievances. If, once the trial is issued, all the facts may not be true, and the magistrate takes it as a document and transfers it for reprimand, then both the defendant and the plaintiff will be dragged down. broke his net worth with small anger, and regretted it endlessly. ”。So this incident caused the emperor at that time to have an extraordinary headache, and he came up with some ways to control the control system of Beijing.
1. Choose a special institution for management
If a citizen from another province has gone to Beijing to complain about a case, if the state or county has judged it unfairly, and has gone to the supervisor and the superintendent yamen to make a complaint, but it is still not reasonable or improper, and although the case has not been complained of at the superintendent's office, the criminal department, the metropolitan procuratorate, and other yamen will verify the circumstances and ask for an order to investigate and handle the case.
In the case of theft and other crimes, those who are related to the crime will be submitted to the internal affairs of the governor for impartial investigation and trial, and they will be consulted and reported to the departmentIf the magistrate adjudicates that there is a case, the proposal will be approved, or played or consulted, and handled separately
If the trial is based on Diao Min's attempt to frame him, and he fabricates words to falsely accuse him of revenge for personal vendetta, he will be punished according to the law. If he only stops household marriages and small land matters, he will return the original submission, listen to his complaint at the local official's yamen, and still punish the crime of overstepping the lawsuit. "In fact, before Qianlong, there were investigations into some cases, and some agencies were also appointed.
However, those agencies were not specifically responsible for such functions at the time. It is only temporarily responsible, so it is lacking in the completeness of the system. However, during the Qianlong period, relevant rectifications were carried out for such institutions. For some institutions to set up some functions that are specifically responsible for the Beijing control system or direct complaints, such measures have been implemented to a certain extent during the Qianlong period.
However, this kind of behavior also indirectly shows that there were many people in Beijing and direct complaints at that time, which reflected that there were certain problems in the establishment of local systems and bureaucratic systems.
Therefore, it was far from enough to rectify the control system of Beijing and direct complaints, and it was necessary to make certain adjustments to the bureaucratic system at that time. Of course, if the rectification of the control system and direct appeals in Beijing is very vigorous, in fact, it can also carry out a rectification of the bureaucratic structure at that time to a certain extent.
2. Jingkong is not entirely for the purpose of redressing grievances
As for the definition of redress of grievances, some Japanese scholars have suggested that redress of grievances is not only because of the grievances contained in previous cases, but also because of unfairness. That is, in the process of trial of the case, some people involved or some other factors are unfairly distributed. Such a situation is also called a grievance.
At that time, many institutions, including the emperor, unanimously believed that the establishment of the Beijing control system was only established for the sake of some cases where there were mistakes, and the reason for the mistakes in these cases must be because some people were wronged.
But some people do not implement such a system for the sake of redressing grievances, but for the purpose of exposing major secretsThe great secret must be known only to the emperor。Or the way of Jingkong is to ensure that the emperor can know such secrets and not be obstructed by some unstable factors.
The law at the time did not make it illegal to expose material secrets. It is just that if the secrets that have been revealed have been verified through a series of verifications do not conform to the reality of the time,Then there will definitely be severe penalties. And with the improvement of the law later, the degree of such punishment will also be greater.
In this regard, the functions of the Beijing control system are also unclear. However, the emergence of such a function was of some help to the reign of the emperor at that time. However, there were indeed some people who made false accusations against some people for the interests of their own group, but with the development and improvement of Beijing's control system later, there were many fewer incidents.
The development of the system develops with the development of the times, and no advanced system can exist for a long time, and there is no era that can transcend the development of the system. Including the fact that the functions of the Beijing control system are not single also illustrate such a problemAfter all, the system itself is the product of theoretical development, and there are still certain changes in the practicality of society.