On The Reasonable Trial Of The Qing Dynasty

The reasonable trial is a phenomenon that Chinese tradition legal action has rather the characteristic legal action. The reasonable trial have it's vast survival space for development in Chinese tradition legal action, the judge often both at the trial in accordance with law to the case of reasonable care, when in conflict with the law and feeling, the judges very often mitigation method. In this paper, the reasonable trial of the Qing Dynasty as the research object, carries on to the Qing dynasty the reasonable judgment and its expression and practice on modern judicial influence and inspiration for analysis.Full-text is divided into four parts, the first in the foreword to circles on judicial trial basis argument, describes the customary law and the judicial system of the Qing dynasty, made this article intends to discuss several issues.In the first chapter, the author specifically"emotion", meaning"reason"for"discussion"and reasonable judgment, the historical development process, the role of the trial, it stands to reason and characteristics.In chapter two, on reasonable judgment in the Qing dynasty, the Justice of expression and practice to rapidly made a dedicated. In this chapter, the author attempted to case analysis methods to explore whether or not they are tried in the Qing dynasty civil action and criminal litigation in the field of practice and application.In chapter III, from multiple angles of the reasonable judgment of the Qing dynasty to the cause of the declination, discusses the reasonable judgment in China's judicial process in the process of modernization, think the reasonable trial not only in the Qing dynasty in the trial have their living space, in today's trial would often see their shadows, and forming today's so-called humanized litigation.Finally, through analysis, the author believes traditional sense judgment today, a justice reform is still positive factors, on the reasonable judgment in China today's justice system reform discussion on the role, with a view to China's legal system to reference.