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"Fa Shuo Summarizes" The Triage System for the History of The Chinese Legal System

1. The Han Dynasty established a system of recording prisoners. Prison recording means that a higher level judicial organ periodically or irregularly reviews or interrogates prisoners in order to inspect the judicial trial activities of the lower level judicial organs and promptly redress unjust prisons. The Western Han Dynasty was founded, and the Eastern Han Dynasty formed a system.

2. The Ming Dynasty triage system

(1) Triage of the three divisions. Originating from the Tang Dynasty, the three divisions were jointly tried by the chief of the three legal divisions to try major or difficult cases.

(2) Jiuqing triage. Also known as round trial, the status is higher than that of the three divisions, and the chief of the three legal divisions, the six shangshu and the envoys of the general government jointly try particularly major cases or major reversal cases.

(3) Trial. The joint trial of convicted felony prisoners is the development and institutionalization of the system of detention. Those who participated in the tribune included the chief of the Three Laws Division, the Six Shangshu, the Six Branches of the Ministry of Justice, the Minister of Communication, and the high-ranking nobles such as Gong, Hou, and Bo.

(4) Grand Jury. The emperor appointed eunuchs to work with officials of the Three Laws Department to regularly interrogate prisoners. The subjects of interrogation include detained prisoners and those who complain of grievances.

(5) Hot review. Every year, for more than ten days after the small fullness of the summer, the eunuchs and the Jinyi guards will meet with the three law departments to interrogate the detained prisoners, with the aim of clearing the prisons and preventing the epidemic of the epidemic.

3. The Qing Dynasty's autumn trial and court trial system

(1) Autumn trial is an important trial system for trial of death penalty cases in various provinces, and the court trial is a trial of death penalty cases in the Beijing Division area and unsolved serious cases that occurred in that year, named after the eighth month of the lunar calendar held every autumn.

(2) The participants in the autumn and court trials were mainly jiuqing, Zhan Shi, kedao officials, military ministers, cabinet scholars, and other important officials.

(3) There are five ways to deal with the autumn trial and the post-trial trial, namely, factuality, deferred decision, reticence, suspiciousness, and retention and inheritance.

(4) The Qing Dynasty specially formulated the "Autumn Trial Clause" as the legal basis for the autumn trial.

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