The Field Of Civil Justice In Ancient Phenomena Of Pity For The Weak And Poor

The society in ancient China is a hierarchical society, a far cry from the social status of different sectors. Felony law in ancient China Light China, very few legal provisions on the civil. Ancient Chinese culture includes the concept of justice, outside the Confucian statecraft within the law, whether Confucianism or Legalism, believe that the law must be fair, the foundation is to maintain social stability. Thus, in the same classes of the people, the social status are equal. Ancient Chinese society is a contract society, will inevitably produce a variety of civil disputes. Social class in the same civil disputes between citizens, there is this:If the dispute is the body of one party or the widows and the needy of the poor people in vulnerable groups, the scales of justice to the poor, the weak side tilt. This case appears to be unfair in practice, but it is out of ancient sense of pity for the poor and disenfranchised, to maintain social stability from a macro starting the case abandoned the pursuit of social equity and fairness, is the real embodiment of justice. This phenomenon of pity for the weak and poor, modern perspective, is also a valuable human care.In this paper start from the ancient precedents Verdict in the case based on the combination of ancient legal environment, governance philosophy and personal background of judges, to analyze the phenomenon of pity for the weak and the causes of poverty.The first part of the Introduction. First, that the ancient concept of social justice. Then, we proposed privilege of social conditions in ancient China, the civil dispute subject to achieve a relatively equal. This property of equal benefit from the freedom of contract, thanks to the ancient concept of fairness. Once again, leads to the existence of the phenomenon of pity for the weak and poor, and pity for the weak and poor areas of the phenomenon limited to civil disputes, will pity the poor the weak and strong inhibition phenomenon and the phenomenon of the weak comparison. Finally, the weak and poor initial guess pity phenomenon.The second part is the first chapter of the article. Pity for the weak and the poor description of the phenomenon of three ways. First, from a typical case of a sale of the two starting materials, up to sell the other two cases of a thing, and different co-contracting, and contract to find out the spirit of fair idea of the contradictions. Simultaneous analysis of three cases the difference can be seen that the main differences is due to disputes, judges were out of reasonable support for the poor people. Second, analysis of other cases cited in the phenomenon of pity for the weak and poor, proved that the phenomenon is a pity the weak and poor areas of civil justice and poverty of widows and the needy people in the tilt of the penalty. Guanzhen book combined with pity poor, Xu Gu philosophy, and ancient Lawyers in litigation means of the phenomenon of pity for the weak and poor to be corroborated. Finally, the phenomenon of pity for the weak and poor and fair analysis of the concept of conflict that judges from a reasonable perspective on this phenomenon at a reasonable break legitimacy.The third part is the second chapter. From the judge's personal factors, analyzes the phenomenon of pity for the weak and the cause of the poor:is derived from the human sympathy, upright officials in a number of clean government under the charm of personality can be achieved, the ancient existence of the discretion of the judges of the institutional factors be able to achieve the necessary conditions. First, the human compassion is pity for the poor condition of the weak and the full phenomenon. On the instructions of the goodness of human nature is good, people perform good deeds, whether in ancient or in the eyes of modern society, under the concept of the disadvantaged groups is a kind of sympathy for charity, is a law consistent with the practice of inner conscience. For the sympathy generated by the mechanism of some Western psychologists more detailed study, but some concepts can be found in Mencius corresponding point of view, even in the example, almost the same. This similarity, presumably not a simple coincidence, but the law of sympathy generated by the scientific elaboration. Secondly, from the judicial point of view the future of the individual to make the decision of pity for the weak and the poor is not easy. Rampant in the ancient context of corrupt officials, which is a pity for the weak and poor vigor Morally upright officials dare to whom the choices made. Finally, institutional factors played a necessary role, the existence of discretion allows judges have the power of pity for the weak and poor, so that it can be taken from the perspective of reasonable preference of the penalty.The fourth part is the third chapter. First, from the ancient common sense of envy the rich start of pity for the poor, the rich do not hate everyone benevolent objects, in Confucianism, the benevolent will disperse their wealth, therefore, there is no rich and benevolent. Affected by this concept, hatred of the rich mentality is widespread. Dispute with civil disputes are often married households Land Claims like "trivia", but these "trifles" of vulnerable groups, it should be a valuable than anything else, and thus can not be taken care of. Secondly, as a grass-roots officials, interest litigation is an important component of performance, the practice of pity for the weak and the poor is an effective interest rate for defendants in such cases means the mediation by judges to meet the demands of the disadvantaged party, a party to crown a strong reputation, official be quiet. Finally, the ancient society of virtue, benevolence is flaunted by the ruling class, and it is requested by the rulers do. Such cultural influence grew by the judges, therefore, out of love, compassion vulnerable groups, need to give some help-shirt; the other judges is a party to the ruling class, you need to spread love, harmony and promote local people to maintain social stable, the weak and poor bureaucratic mercy done fine, that can show the rule of love, but also through the "Comments on the sentence" approach to promote love, to educate the public, in order to achieve social harmony.The fifth part is the article's conclusion. Summary Overview pity the weak and the phenomenon of poverty, and with the phenomenon of the strong and the weak to be different, to show the articles of value. At the same time, combined with some social phenomena, showing the ancients thought of the modern value.