Legal Research On The Vengeance In The Chinese Ancient Time

The denouement of ancient avenger, is either to "the death" by legal ruling, or absolved by rulers, public support for the "live". The conflict of emotion, reason and law will be embodied thoroughly by vengeance. There is no doubt that the vengeance is illegal in the society of rule of law, while on the contrary the conflicts reflected in vengeance are still interfere with the progress of law construction. After researching the ancient system of vengeance and analyzing the methods to solve the conflicts among emotion, reason and law in ancient, this paper proposes the valuable thoughts of the construction of the rule of law.The first part of this paper describes the legislation, the judicial status and the public attitude on vengeance. Although there is no relationship between the vengeance and law in the primitive society, the outline of the vengeance status is still briefly introduced to keep system integrity. The attitude of every Dynasty about vengeance remained consistently negative and against; but practically for the vengeance, the administration of justice and the public opinion had shown a great sympathy, support and encouragement.The second part of this paper focuses on the analysis of the root of vengeance and vengeance conflicts among the emotion, reason and law in ancient. It also introduces the ancients' solutions and specific applications of the combination of emotion, reason and law. As a result of the cultural influences of seeking revenge back, the impact of Confucianism, as well as the ill performance of judicial power at the meantime, vengeance becomes something that can be never stopped. The ancients carried out countless researches on the conflicts embodied in emotion, reason and law in order to find out a solution to the problem of vengeance, and a solution that adopted a multi-standards is finally being formed and is being widely used. Simultaneously, two kinds of distinctive systems are also being formed which largely reflect the significance of the solution, namely, the officials appointing system and the penalty reducing system. And the factor of social reason and emotional is being properly considered during the course of law enforcement. Base on the research of previous parts, the third part of this paper proposes some revelations of the society of the rule of law. First of all, we should have a fresh concept about emotion, reason and law. Secondly, we should have a correct view to the value of the combination of emotion, reason and law to the localization of the legal system, the protection of the course of justice and enhancing the role of the Enforcement of Judgments. Finally, in the legislative and judicial practice, the emotion, reason and law should be used cautiously. The legislation should absorb reasonable factors. As the society changes, these factors in law should also be adjusted accordingly. In judicial practice it is necessary to set up a appropriate place for the sense of reason: this should be accommodated to the modern lawmaking according to reasonable factors; the flexible use of emotion and reason will give effect on utilizing the mediation system; legal reason will make up for the space when law is absent; the administration of justice should achieve the harmony between social effects and objective of law.