A Study On 'Chun Qiu Jue Yu' In Wei & Jin Dynasty

In the Wei & Jin Dynasty, Chinese legal system' huge generalization and amalgamation occurs. 'Chun Qiu Jue Yu' at that time is one of the significant incarnations for realizing such a merge. But there have been almost no attempts to conduct this research, and consequently it remains nearly blank so far. In order to have a clear picture of what changes have occurred in this era's Chinese legal system and of variables concerned with the generalization and amalgamation of Chinese law thought and legal system prior to the formation of Chinese law department, it is necessary for us to further investigate 'Chun Qiu Jue Yu ' in this era. However, Wei & Jin 'Chun Qiu Jue Yu ' can be considered to be a key to address such a puzzle in this sphere.In the era of Wei & Jin Dynasty, Metaphysics occupies mainstream. Nevertheless, the Confucianism process of Chinese law beginning since the Emperor Liu Che of the Han dynasty doesn't come to the end due to Metaphysics. On the contrary, in case of safeguarding the interests of the ruling class, the Confucianists of the law grow in intensity, and strengthen further. On the one hand, they repaired such law as Cao Wei's law and Taishi Law, beginning the 'eight argument' for relatives of the emperor and aristocrat, as well as the rule of 'making crime by five accurate clothes'. On the other hand, 'Chun Qiu Jue Yu' continues realizing the Confucianism of legal thought and legal system. 'Chun Qiu Jue Yu' uses its judicial characteristics with references to the Confucianism classics 'Chun Qiu', bestows the criterion of ethics and morals to 'guilty declaration in terms of heart'. In accordance with people's behavior motive, good or evil psychological conditions, 'Chun Qiu Jue Yu' distinguishes guiltiness from innocence, this crime from another crime, and further makes certain whether someone should be depreciated or be appraised. Due to the fact that the constituents of many schools of Confucianism are brought into 'Chun Qiu Jue Yu' (this study handpick 'twelve principles'), the transformation of law from Legalism code to Confucianism finally be precipitated, facilitating Chinese law system take shape ultimately.Meanwhile, 'Chun Qiu Jue Yu' becomes a tool of bureaucrat and noble who exploit it to exterminate the opponents each other, with the nature of 'guilty declaration in terms of heart ' and 'attributing explanation at their will' inherent in them, in order to safeguard their own interests and privilege to seek an effective way for the ruling class. On the one hand, they used 'Chun Qiu Jue Yu ' freely to open the door of privilege for ruling class , and attempted to find excuses for their violation of established law to avoid being jeopardized because of penalty; on the other hand ,they used viciously the Confucianism ethics , ethical 'precedent'and 'criterion' to declare that someone was guilty , to tell tales to dissidents and ordinary people, in order to safeguard , consolidated their own autocratic control. This lead to a lot of frame-up, false and wrong cases, such as Ji Kang case , Deng Ai case, etc.. In addition, because ancient administration of justice and politics are difficult to separate, 'Chun Qiu Jue Yu' finds the basis for ruling class to set up norm of 'the rule of men' form depths of thought and practices, and therefore wrote it into the code gradually. Thus, the rule of men and autarchy in Chinese kingdom finally become the core of main spirits in Chinese law. Accordingly, Wei & Jin's 'Chun Qiu Jue Yu' leads to the rule of men and autarchy of Chinese law.