Analysis On Judicial Culture In Ancient China--With The Angle Of The Culture Of Books On Ancient Officials In Ming And Qing Dynasty

The judge is the law's incarnation. The law is the importantconstitution of any culture. Seen from the appearance, the cultureis really unknown being, but it affects persons' mental state andbehavior all the time. "Every kind of culture rises from its soil withthe primitive's power, and all connects its whole life mid-termsolidly with its soil: Every kind of culture prints his own prospectsin its material, namely its human body; Every kind of culture hasits own idea, own sensual desire, own life, wish and affection, owndeath … ..." The culture is absolutely living essence, they have noultimate end destination to grow as the flower in the countryside.They belong to the living nature, but not belong to the Newton'snature." The judicial culture is the special social life style of judgeoccupation, and the system spirit ,the activity's result and thewealth ,which is all kinds of litigation activities and the outside oflitigation activities of the special community of judge . It's moreimportant that in the judicial process, the influence is even todecide a series of judicatory of the judge behavior, the judicialconsciousness, judicial principles, judicial morals and judicialrules. In fact, in spite of giving the judicial culture how deeptranslation, as the interaction of the system reasonableness andvalue reasonableness, the judicial culture is also the judge'sconsciousness, idea, it is cultural, and is also judicial, this kind ofconsciousness, idea matches the law. Ancient China, the judicatory organization was used as a part of 55bureaucrat organization, its members always were placed in thecontinuously promotion, it was very difficult to divide the judge'sgroup from the bureaucrat stratum. However, judgment wasalways an important job for ancient bureaucrat, the characteristicof ancient Chinese bureaucrat reared out when acting judge.Connected with the numerous officals' roles, the ancientbureaucrat stratum can be resembled vital importance on the sidein a moment as the movie. The culture of the books on officers is animportant part of Chinese tradition culture, its total request is thatan officialdom should be virtuous, hard-working, incorrupt, honest,love the people, and fair, it originated in the Chinese law period, itsfirst emergence appear in Sang and Zhou Dynasty, in Qin Dynasty,The culture of the books on officers was in its formation. In Tangand Song Dynasty, it was thriving, in Ming and Qing Dynasty, itwas more thriving, more practical, and more performances forleading officialdom in a specific way, including leading judicatoryjudgment. With the angle of the Culture of Books on Officials in Ming andQing Dynasty, This text provides a kind of knowledge andperception background for analyzing the ancient judicial style andcharacter, looks for the special kind and the appearance of theancient Chinese judge, and summarizes the special features of theculture of Chinese tradition judicatory, therefore completes thecreating conversion from the tradition of law culture under themodern term. This text divides four parts. The first part is The Differencebetween the Ancient Judge's Status and Actuality, in this part, 56from The Ancient Judge's System and Its Classification , TheAncient Judge and Its Subordinate Officers and Helpful Officers todiscuss in the past the central judge ,the local and grass-rootsjudge's system and its legal power, and analyze the influence onjudicatory judge of the Helpful Officers and the system of HelpfulOfficers, namely they have no the status, but have the actuality, infact ,they're true judge. But the judges having the actuality justsit in the hall. The second part is The Books on Officials and AncientJudges' Judgments, in this part inside, from the Books onOfficials and its culture, The Significance of the Ming and QingDynasty's Books on Officials to Judgment...