A Dream Of Red Mansions And The Characteristics Of Judicial Culture In Ancient China

To build a socialist country under the rule of law is a basic principle of the People's Republic of China Constitution. Modernization of Justice is an interior requirement of the modernization of the law. The ancient Chinese judicial culture through thousands of years of deposition must have the influence inevitably on contemporary China; therefore, discussing the Modernization of Justice, we must fully consider the merits of the ancient judicial culture in order to fred a right treatment and to promote the China's modernization of the judicial process. I believe it is a good way to study the ancient Chinese judicial culture through literature A Dream of Red Mansions. Comparing with official history books and legal ancient books, the literary work has more consideration and angle of view of folks and is closer to a real social life; Moreover, A Dream of Red Mansions is also regarded as an encyclopedia of a feudal society of China, which reflects a wide and deep social life, therefore, on the base of it, study of an ancient justice culture of China should be more realistic.A few typical cases in A Dream of Red Mansions reflected the following characteristics of Ancient Chinese judicial culture: The judicial officials lacked the essential legal accomplishment; the judicial officials despised the judicial process; the people chose the negative ways to maintenance right; the judge was decided by the emperors illegally; the judicial supervision had little of effect. The main reasons are as follows: the environment of Confucianism culture valued the function of moral and contempt the function of law; Final principle valued entities and ignored procedures; the family politics pattern was based on the voluntary standard and the authority standard; the judicial supervision system is unreasonable. Learning from these characteristics and the reasons of it and taking into account its impact on the current status in order to promote the modernization of the judiciary with a proper treatment which makes benefits from disadvantages, we make the following responses: First, strengthen the judicial personnel and improve the professional quality of judges; Second, correct the concept of procedural justice, strengthen procedural law construction; Third, we must nurture the public consciousness of rights, establishing the legal belief; Fourth, improve the judicial supervision and enhance the effectiveness of judicial supervision.