Research on the Language of Medieval and Modern Legal Documents (with a Focus on Dunhuang Documents)

Author: Wang Qitao
Publisher:
Publish Date: 2002-06-01
Features:
6. Prison Case Studies - This type of literature compiles a large number of prison cases, providing detailed and faithful records of the entire process from case investigation, trial, to case resolution. 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 Oral Argument" in modern trials. The "Principle of Oral Argument" is also known as the "Oral Principle," "Principle of Oral Debate," or "Principle of Oral Hearing." According to the interpretation of modern Continental legal scholars, the principle of oral argument includes the following 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, investigation of evidence, and the announcement of judgments, as well as the prosecution's, plaintiff's, and defendant's arguments, the defense's counterarguments, witness testimonies, and expert opinions, must all be carried out through oral statements.
Second, court judgments can only be based 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 the form of oral statements are considered to have never occurred or not existed and cannot be used as the basis for determining case facts. Due to these reasons, ancient China left behind a wealth of trial language materials. This type of literature is very abundant, mainly including: Chaoye Mingzai (Record of Court Cases), Yiyu J (Collection of Doubtful Cases), Zheyu Guojian (Mirror of Prison Cases) (later supplemented by Zheyu Guojian Bu), Yuan Dianzhang, Nanveng Chugenglu (Record of Farming and Weeding), Tangyin Bishi (Cases of Tangyin), (later supplemented by Tangyin Bishi Bubian), Yanjyu Gao (Drafts of Court Cases), Ji Ting Cao (Grass of Prison Cases), Bo'an Xinbian (New Collection of Rebutted Cases), Zhiyi Bian (Compendium of Wisdom), Zhinang Bu (Supplement to the Treasury of Wisdom), Jianzhai Ji (Collected Works of Jianzhai), Lu Zhou Gong'an (Cases of Lu Zhou), Cheng'an Baokao (Compendium of Established Cases), Xing'an Huailan (Compendium of Criminal Cases), Bo'an Xubian (Continuation of Rebutted Cases), Xing'an Chengshi (Model of Criminal Cases), Qiuyan Jiyao (Compendium of Autumn Trials), Lichao Zheyu Zuan Yao (Compendium of Court Cases Through Dynasties), Si Xi Zhai Jueshi (Decisions of Si Xi Zhai), Zheyu Qiwen (Strange Cases of Prison Trials), Weishan Youyujyu Ji (Record of Prison Cases in Weishan), Shengjing Xingbu Yuan (Original Records of the Ministry of Justice in Shengjing), Qingdai Wenzi Yudang (Records of Literary Persecutions in the Qing Dynasty), Xin Shu (New Sayings).
Additionally, such content is also abundant in historical records of various dynasties, such as: Zuo Zhuan (Zuo's Commentary), Yinggong San Nian (Third Year of Yinggong), Xianggong Si Nian (Fourth Year of Xianggong), Zhao Gong Shi Nian (Fourteenth Year of Zhao Gong), Guoyu (Discourses of the States), Jin Yu (Discourse of Jin), Han Feizi (Han Feizi), Wai Chu Shang You (Upper Storage of External Stores), Lüshi Chunqiu (Lü's Spring and Autumn Annals), Mengchun Ji (Record of the First Month of Spring), Shiji (Records of the Grand Historian), Xiaowenben Ji (Record of Emperor Xiaowen), Sima Xiangju Liezhuan (Biography of Sima Xiangju), Sunzi Wuqi Liezhuan (Biography of Sunzi Wuqi), Shangjun Liezhuan (Biography of Shangjun), Zhang Shizhi Liezhuan (Biography of Zhang Shizhi), Xunli Liezhuan (Biography of the Model Officials), Kuli Liezhuan (Biography of the Cruel Officials), Mo Shu (Records of the Miao People), Xiaocheng Zhao Hou Zhuan (Biography of Empress Xiaocheng Zhao), Xiao He Zhuan (Biography of Xiao He), Dongfang Shuo Zhuan (Biography of Dongfang Shuo), Hu Jian Zhuan (Biography of Hu Jian), Zhao Guanghan Zhuan (Biography of Zhao Guanghan), Wang Mang Zhuan (Biography of Wang Mang); Hou Han Shu (Later Han History), Guangwu Ji (Record of Emperor Guangwu), Dong Xuan Zhuan (Biography of Dong Xuan), Su Zhang Zhuan (Biography of Su Zhang), Guo Gong Zhuan (Biography of Guo Gong), Dangju Liezhuan (Biography of the Group of Condemned Officials), Xunli Liezhuan (Biography of the Model Officials), Kou Hui Zhuan (Biography of Kou Hui), Hou Bang Zhuan (Biography of Hou Bang), Huang Tan Zhuan (Biography of Huang Tan), Yu Ting Zhuan (Biography of Yu Ting), Liang Tong Zhuan (Biography of Liang Tong), Du Lin Zhuan (Biography of Du Lin), Kuli Liezhuan (Biography of the Cruel Officials), Ma Yuan Zhuan (Biography of Ma Yuan); Sanguo Zhi (Records of the Three Kingdoms), Wei Shu (History of Wei), Gao Rou Zhuan (Biography of Gao Rou), Wu Shu (History of Wu), San Sijuzhuan (Biographies of the Three Successors of Wu), Jin Shu (History of Jin), Fan Zhu Zhuan (Biography of Fan Zhu), Wei Shu (History of Wei), Li Chong Zhuan (Biography of Li Chong), Sima Yue Zhuan (Biography of Sima Yue), Zhou Shu (History of Zhou), Liu Qing Zhuan (Biography of Liu Qing), Sui Shu (History of Sui), Qin...