Preliminary Reasonable Analysis Of Judicial Practice In Qing Dynasty

Law is born from the Society, as a kind of social criterion, it maintains many social ideas such as current rules, moral, ethic, etc, and it reflects the society structure in a certain period. The society constitutes the background of Law procedure while the Law runs in the Society, and the latter affects and restricts the Law. They have a close relation. As a word representation of essence culture, how well it can be accepted and followed by the society member including those normal people is an important standard to balance the law validity and its spirit core behind. In addition , as I can't collect the most fresh files for law actualization and realization, I choose the justice practice as the cut-in point ,as which links up the higher Class and the normal society life .When unscrambling the source material ,I found that Statute Law is not that powerful and authorized. Such phenomena exists not only in Law clauses themselves but also justice practice and statute law .Meanwhile , reason frequently affects justice practice in many ways. Hence, what indeed the relation between the reason and the law ? What is the status of the reason in justice practice ?There are a lot of papers studying reason, and the most outstanding one is the Japanese scholars such as Professor ZIHEXIUSAN.They start from the demonstration ,by comparing the reason and full Law , they conclude and analysis how the reason represents and characters , accordingly the conclusion that reason has non-true-and-conformation character. After reading the experts fruits, the penman confuses that if there is a fixed standard inside the reason , even it changes a lot according to different situations, and this standard makes up the core of the reason. And the reason is only a pronoun of the standard, only kind of rhetoric mode. .If it really exists, in what kind of society and culture soil that it is given birth to ? what is its value direction ?...