The Study Of Dual Trial On The Unjust And Erroneous Cases In Yi Jian Zhi

Yi Jian Zhi is a fantasies classical Chinese collection written by HongMai in the Southern Song dynasty.It used both the virtual and real way,which provides another perspective for the research of the ancient judicial.The unjust and erroneous cases in Yi Jian Zhi is the microcosm of the operation of Song dynasty’s legal system.Taking it as the research of text to analyze will be further exploration of the dynamic legal system’s practice of Song dynasty.Dual trial is a striking feature of the the unjust and erroneous cases in Yi Jian Zhi,which means that,the cases are firstly judged through national official institutions,and then judged by the ghosts and gods in the virtual world.In the level of national trial,we found that the legislation of Song dynasty is mature and strict,regulated all the legal processes.But the judicial officials always broke the law,which made a large number of unjust and erroneous cases happened.The appeals processes can hardly unclog the real grievances.As a result,people anchored their hopes on the ghosts and gods in the virtual world.The trial of the ghosts and gods is a illusory reflection of the national trial with strong secular characteristics,which is a reflection of the grassroots pluralistic folk beliefs.Ghosts and gods and their bureaucratic regarded the law of the nether world as referee basis,to punish wrongdoings and satisfy the emotional needs of the people to justice.The dual trial highlights the contradictions and divergence of the official legislation and judicial practice in Song dynasty.The law is lack of effectiveness.The dual trial has intrinsic consistency at the same time,they are complements of each other.National law works as external constraints,while the ghosts and gods provide the internal constraints,which safeguard the stability of the basic order jointly.The unjust and erroneous cases are the common dilemma in all ages.This article considers that we can not absolutely avoid and even eliminate unjust and erroneous cases in judicial activities.For now,strengthening the operation of the due process of law and supervision and improving the judicial personnel’s professional quality,are the practical measures to promote judicial justice.