Rational Expression In Traditional Chinese Judicial Precedents

The implementation of the law, and the running of justice are need a relatively stable system of cultural values to support the effective function, relying on both legal and non-legal factors simultaneously. Chinese traditional justice also has a profound cultural foundation, that stems from Confucian ethics and values, that is emotion and reason. This is caused by three factors:one is the traditional Chinese system "Reason Law", the other is the own connotations of emotion and reason, the another is a variety of examples confirmed by Chinese traditional judicial practice. In particular, the forms and the operational mechanisms of Chinese traditional Judicial Precedent that are developed up to the Qing Dynasty, is already quite mature, which is full of the expression of emotion and reason. The contemporary China’s judicial is also facing the problem that is the expression of emotion and reason. I think, starting from the status quo of China’s judiciary, learning from the successful experience of China in the expression of emotion and reason about Chinese traditional judicial precedent, adhering to the rule of law and the crime of legality, then playing sensible judicial function fully, is an effective path of advancing the socialist judicial practice, improving the modern concept of the rule of law, inheriting Chinese legal civilization.This article is based on the cases in Xing-an-hui-lan(Conspectus Of Penal Cases) in the Qing Dynasty, starting from the operation mechanism of Chinese traditional judicial precedents, combing the type and content of emotion and reason, dissecting the way of the expressing of emotion and reason about Chinese traditional judicial precedent, looking into the changes in social and reason that are reflected by the Chinese traditional judicial precedent, then discussing the positive aspects and the negative problems of the expression of traditional judicial precedent, and deriving inspiration:Now looking through history, in contemporary China’s socialist legal system construction and the process of legal modernization, we should not only just keen on "rule of law", but also to make the implementation of the law can adapt to conditions in our country, closing to the people, fitting the reason of affair, caring our habits, paying attention to public order and morals. The contemporary judicial in China are not only concerned about stability and seriousness, but also pay attention to the complexity and variability of social life. The implementation of good laws should be stability and flexibility. Of course, there are some problems in the expression of emotion and reason about Chinese traditional judicial precedent problems. So we should not only attach importance to the history of modern value of the emotion and reason, but also pay attention to the negative effects and weaknesses of them, then make the emotion and reason with the law both promote our judicial practice.