并存与对抗——明代厂卫制度与常规司法制度关系的历史考析-coexistence and confrontation a historical analysis of the relationship between the factory and health system and the conventional judicial system in the ming dynasty.docxVIP

AbstractThe Chang Wei system of Ming dynasty is a special judicial system with unique features. The spy and military organization, Dong Chang and Jin Yi Wei, had its own structure and whole set of ways of doing things. It occupied a lofty position at that time, second only to the emperor, the power and authority of which penetrated into every aspect of the entire nation. It also had a great impact on the pillar of the nation, the legal system, in that it established a special judicial system deviating from the traditional one, crippling the power of laws and decrees and destabilizing the whole society. Through the study of Chang Wei system, we can have a more comprehensive understanding of the legal system of Ming Dynasty and its nature under a feudal autocratic regime.The coexistence and antagonism of the special Chang Wei system with traditional judicial system is a political feature of Ming dynasty, with deep social and historical roots. Chang Wei was founded to strengthen the imperial authority after the prime minister position was removed from the central power. It was also a sign of the extreme of feudal autocracy. Historically, the legal system has been the most effective means of maintaining national stability. However, this thousand-year-long legal system was put at stake after the Chang Wei system appeared. It needs further probing into the nature of this special judicial phenomenon.This paper gives a detailed description and explanation of the coexistence and antagonism of Chang Wei system with the traditional justice system in Ming Dynasty and an analysis on the dramatic destruction of the Chang Wei organization on the whole judicial system. This paper is divided into three parts. The first part describes the coexistence of the Chang Wei system with the traditional justice system, with focus on the emergence and development of Chang Wei organization, its judicial autonomy, its internal structure, as well as its relationship with traditional judicial orga