Discussion Of Justice Idea "the Correspondence Between Plot And Penalty" In Ancient China

In this thesis, the ancient literature named Xing An Hui Lan San Bian will be the object of study, by analysis and decipherment of historical cases, I hope that "the correspondence between plot and penalty" is the justice idea in criminal judicial domain, also hoping that it can show us the process of realizing "the correspondence between plot and penalty".The first part starts with the tradition of equity justice of ancient China, I bring in the concept "the tradition of equity justice" on the basis of previous research achievement, and give the cultural tradition background which the "the correspondence between plot and penalty" was brought into existence. This tradition requires that law-officers make appropriate decisions which agree with realistic reason needs according to the domination and integrated action of justice, national law, social relationship and antiquity etc. The law-officers made the inevitable choice on the basis of the direction of the idea of Confucian school and the limitation of law suit technique. Later, I give the idea that "the correspondence between plot and penalty" is the expression of the tradition of equity justice in criminal judicial domain, it is one of the expressions of the thoughts of judicature justice. In this part, I extract related decrees as historical material support from the ancient literature, and then make an essay of the contents of "plot" and "penalty". I prove that "the correspondence between plot and penalty" is the concrete requirement and embodiment of the tradition of equity justice in criminal judicial domain, and also is the expression of the thought of judicature justice, both are based on the consonant relationship between the content of "plot" and "penalty" and the tradition of equity justice. At last, I preliminarily put forward that in the process of seeking for "the correspondence between plot and penalty", the measurement and consideration the law-officers were carrying on were full of unpredictability, because they existed on this kind of legal order which attach so much importance to the substance rationality and ignore procedure rule.The second part mainly includes positive analysis of historical cases. Firstly, I carry on with feasibility analysis, to prove that it will be feasible to generalize from the research of individual cases, resolve the prior problem which may result in doubt. That is it is possible to get a general conclusion from the study of individual cases, because the cultural tradition they generated from is identical, this situation determined their relationship phenomenon and substance, so many ramifications couldn't be concealed by the differences of their appearances. Then, by the extraction and analysis based on several historical cases, I further think that in the process of handling of cases, the thinking of value judgment is the main clue, the final result of one case whether come up to the goal of "the correspondence between plot and penalty", except the consideration of law, even more, it depends on the law-officer's value verification. In the process of handling of cases, some simple thoughts of judicature justice occupied fairly space in their mind, these simple value judgments will be changed according to circumstances outside, increasing the unpredictability of the morality's position as source of law, from time to time, morality become the first rule, leading every judgment to moral judgment and destroy the possibility of the development of the reason logic.The third part mainly focuses on the summary and analysis of "the correspondence between plot and penalty". I put forward again that as the thought of judicature justice in criminal judicial domain, "the correspondence between plot and penalty" is the expression of ancient tradition of equity justice, also is the certain requirement of maintaining our society harmonious and satisfactory. At the same time, I also point out its advantages and disadvantages in ancient justice action, on the one hand, we affirm its promotion effect; on the other, we admit that the rule is short of credibility, and the thinking of value judgment is so optional, they cause the unpredictability of the result and the abuse of justice authority, finally it counteract the effort and exploration law-officers made.Through the discussion above, I point out that the criticism and acknowledge we get from the past should be used for current society. Only by this way, can the study of the past be more valuable. The association of the past and nowadays help us get the both faces of the "the correspondence between plot and penalty", we also realize that right now not only should we resolve the problem of the credibility of rules, but also we should reverse and get rid of the traditional thoughts and the inertia of traditional thinking, because if the thoughts of law and ideas of law in deep level couldn't give one hand to constitutionality construction, then it would be an obstruct, also forefathers'effort for constitutionality civilization will be counteracted to a certain extent.