The Litigation of Cases Involving Illegal Acts: Analysis Based on Baxian Archives

Weiling QI


The charging documents of some cases in Baxian Archives could reflect the litigants’ illegal acts of selling wives, gambling, as well as fighting and killing. Since the litigation could reveal their illegal acts, why the litigants actively initiate legal proceedings? Are not they afraid to be penalized for these illegal acts? By analyzing the litigation purposes, judgement results, as well as the accepting system of these cases, it could reach some conclusions: the protection for property rights is the dynamic to prompt the litigants to conduct prosecutions and accept the risk of being penalized. The authorities adopt the principle of setting disputes while ignoring illegal acts exposed by the documents to decide cases, the litigants accordingly do not have to worry about criminal penalty. In addition, there is exaggeration and falsity in the statements about gambling and injuring. The essence of this pattern statement of judicial documents is to respond to the cases accepting system of authority autonomy. It is a strategy to get admission ticket for accepting cases so as to safeguard the rights and interests.

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