Song Judgment At The Characteristics And Spiritual Direction As Seen From The Collection Of Virtuous And Brightness Verdicts By Famous Judges Of Ancient China

Based on the judgment of the study, the author analyzed the characteristics of the Song Dynasty judgment further at the spirit and style of language through the research of judgment of specific cases. Consequently we understand the mental outlook of justice in ancient China; Through the study of ancient judgment, we should absorb the essence and discard the dross, which can be drawn a lot on the use of language in the judgment of our judicial process .The first part introduces the history and significance of the judgment of Song. First of all, the author analyzed the development of Song judgment in the history of the development of Chinese judgment though deviding the development of ancient Chinese judgment into three periods according to the schedule of the order. First, we have a formative stage. In Han and Western Zhou Dynasty, the first prototype appeared in some legal instruments. Although there is no real sense of judgment, there was a judgment function. Second, the period of development of judgment is the Tang and Song dynasties. China's feudal political and economic dynasties highly developed in this period. Chinese society achieved the unity of various ethnic groups, economic developed rapidly and productivity improved greatly. Therefore, there are many civil cases, and a demand for judgment appeared. The famous judgment in Tang Dynasty was"Long Jin Feng Sui-judgment"by Zhangzhuo and"JiaYi judgment"by Bai Juyi. While Song the most famous judgment of Song is the object of this study that"the collection of virtuous and brightness verdicts by famous judges of ancient China", which reflected the characteristics and style of judgment according to the use of judgments when the famous judges got their judgment. Third, the maturity period is the Ming and Qing dynasties. The reason for the completely mature of judgment of the Ming and Qing dynasties is that the feudal rule of law in this period has been an unprecedented complete, which provided judgment soil of rich fertilizer . A complete set of laws on the books, and serious procedure will meet the requirements corresponding to the maturity of judgment. Moreover, the author explained the Song historical significance from the writing style and the role played by the judgment in the two specific areas of proceedings and law applies.In the second part, the author describes in detail the basic structure and language style of the Song Dynasty judicial judgment. First, from the view of the structure of"The Collection of Virtuous and Brightness Verdicts by Famous Judges of Ancient China", Song changed the form of seperation of respective sub-structure of facts and judgment into emphasis on the combination of judgments and facts. It realized a Fusion of judgment and facts, which made facts the organic links and essential content of judgment. This formed a complete and scientific judgment structure. Secondly, it summarized three characteristics of Song language style through specific cases: concise, rusticity, and feudal ethics law cultural heritage. The main role of this part is that it serves the central part of this article that content and spirit of the Song Dynasty.The third part is the focus of this article. The author devotes more coverage to the content and spirit of the Song Dynasty at the basic judgment of detail and analysis. First, from the content analysis, in turn, it is divided into five areas. First, Song judgment emphasizes the analysis of the facts. Before Tang, in the process of hearing the case, most judges have not done a detailed analysis of the facts of the case, but Song is different. The judgment in"The Collection of Virtuous and Brightness Verdicts by Famous Judges of Ancient China"also reflects many judges realized the importance of the facts. Secondly, the judgment is rational."The Collection of Virtuous and Brightness Verdicts By Famous Judges of Ancient China"attention to the very clear legal judgment and different circumstances, which made targeted judgment reasoning and persuasion. Third, the features of judgment in the analysis and interpretation of the judgment. Sung to the judicial interpretation of feudal society as a whole to a higher level. Many of the explanation is very simple and clear judgment that people can understand the specific meaning easily. Fourth, focus on the analysis to legal theory. Fifth,"The Collection of Virtuous and Brightness Verdicts By Famous Judges of Ancient China"on-balance among the three aspects of humansentiment, reason, law ,which is considered and followed by officials .Furthermore, the spirit of the Song Dynasty at the judgment. First, reduce lawsuits and teach people the courtesy. Crown Confucian intellectuals"no-lawsuit"as an ideal state, and deal with the trouble painstakingly for no-lawsuit". Secondly, order and hierarchy are not only be a guiding spirit or rank, but also as be a direct basis for judicial dispute resolution. In"The Collection of Virtuous and Brightness Verdicts by Famous Judges of Ancient China", cases which embodies the spirit of the hierarchy or rank possess a high rate. Third, the relic out of persuasion and Philosophy of Life.In summary, the author concludes that it play a important role for understanding of the political, economic conditions of Song and the legal culture in ancient China as a whole that taking the"The Collection of Virtuous and Brightness Verdicts By Famous Judges of Ancient China"as a tool, we analyze contents of the characteristics of and spiritual direction of the Song judgment comprehensively .At the same time, it has great significance for the use of judgment in our judicial practice and the establishment of a socialist legal community.