Research on the Language of Medieval and Modern Legal Documents: With a Focus on Dunhuang Documents

Author: Wang Qitao
Publisher:
Publish Date: 2002-11-12
Features:
6. Prison Case Studies – This collection gathers a large number of prison cases, providing detailed and faithful records of the entire process from case investigation, trial, to revelation. One advantage of ancient Chinese judicial systems was their emphasis on the simultaneous presence of plaintiffs, defendants, and witnesses, along with self-defense debates. This aligns closely with the "Principle of Orality" in modern trials. The "Principle of Orality" is also known as the "Oral Principle," "Principle of Oral Debate," or "Principle of Oral Hearing." According to the interpretation of modern Continental law scholars, the principle of orality encompasses two meanings: First, all court proceedings and judgments must be conducted through oral statements. Every judicial activity, including the judge's direction of the trial, questioning or interrogating parties and witnesses, the examination of evidence, and the declaration of judgments, as well as the prosecution's, plaintiff's, and defendant's attacks and defenses, witness testimony, and expert opinions, must be carried out through oral statements. Second, court judgments can only rely on evidence materials provided by litigants in court through oral statements as the basis for determining case facts. Any facts or materials not presented in court in an oral form are considered non-existent or never occurred and cannot be used as evidence for determining case facts. Due to this reason, ancient China left behind a wealth of trial language materials. These documents are very abundant, mainly including: Chao Ye Ming Zai (Record of Court Cases), Yi Yu Ji (Collection of Doubtful Cases), Zhe Yu Gui Jian (Tortoise Mirror of Trial Cases) (later supplemented by Zhe Yu Gui Jian Bu), Yuan Dian Zhang (Yuan Dynasty Code), Nan Cun Chuo Geng Lu (Record of Farming and Weeding), Tang Yin Bi Shi (Tang Yin Case Studies) (later supplemented by Tang Yin Bi Shi Bu Bian), Yan Yu Gao (Trial Drafts), Ji Ting Cao (Grass of Sharp Listening), Bo An Xin Bian (New Collection of Rebutted Cases), Zhi Yi Bian (Compendium of Wisdom), Zhi Nan Bu (Supplement to the Treasury of Wisdom), Jian Zhai Ji (Collected Works of Jian Zhai), Lu Zhou Gong An (Public Cases of Lu Zhou), Cheng An Bei Kang (Prepared Cases for Reference), Xing An Hui Lian (Compendium of Criminal Cases), Bo An Xu Bian (Continuation of Rebutted Cases), Xing An Cheng Shi (Model of Criminal Cases), Qiu Yan Ji Yao (Collected Cases of Autumn Judgment), Li Chao Zhe Yu Zuan Yao (Compendium of Trial Cases Through Dynasties), Si Xi Zhai Jue Shi (Decisions of Si Xi Study), Zhe Yu Qi Wen (Strange Cases of Trial), Wei Shan You Yan Yu Ji (Records of Trials in Western Mountains), Sheng Jing Xing Bu Yuan Dang (Original Records of the Ministry of Justice in Shengjing), Qing Dynasty Wen Zi Yu Dang (Records of Literary Persecutions in the Qing Dynasty), Xin Shi Shuo (New Sayings of the World), etc. Additionally, such content is also abundant in historical records of various dynasties, such as: Zuo Zhuan (Yin Gong San Nian, Xiang Gong Si Nian, Zhao Gong Shi Nian), Guo Yu (Jin Yu, Han Fei Zi (Wai Chu Shuo Shang), Lü Shi Chun Qiu (Meng Chun Ji), Shiji (Xiao Wen Tian Ji, Sima Xiang Ju Zhuan, Sunzi Wu Qi Zhuan, Shang Jun Zhuan, Zhang Shi Zhi Zhuan, Xun Li Zhi Zhuan, Ku Li Zhi Zhuan, Mo Shu (Xiao Cheng Zhao Hou Zhuan, Xiao He Zhuan, Dong Fang Shuo Zhuan, Hu Jian Zhuan, Zhao Guang Han Zhuan, Wang Mang Zhuan), Hou Han Shu (Guang Wu Zhi Ji, Dong Xuan Zhuan, Su Zhang Zhuan, Guo Gong Zhuan, Dang Ju Lie Zhuan, Xun Li Lie Zhuan, Kou Hui Zhuan, Hou Bang Zhuan, Huang Tan Zhuan, Yu Ting Zhuan, Liang Tong Zhuan, Du Lin Zhuan, Ku Li Lie Zhuan, Ma Yuan Zhuan), Sanguo Zhi (Wei Shu (Gao Rou Zhuan), Wu Shu (San Si Zhi Zong Zhuan), Jin Shu (Fan Zhu Zhuan), Wei Shu (Li Chong Zhuan, Sima Yue Zhuan), Zhou Shu (Liu Qing Zhuan), Sui Shu (Qin).