A Probe Into The Problem Of Reason And Law In Liao And Jin Dynasties

Reason and low is accompained by chinese confucian culture produces a very characteristic system.In the judicial trial according to law at same time,more should conform to human reasons.Human reasons is the foundation,law is the end,but in the west is that the law is the foundation.Liao and Chin as a in the Han "Hua Yi Zhi Bian" concept is being positioned as "Yi Di Zhi Shu" northern minority Khitan, Nuzhen peopleestablished the legal regime,has been dubbed the barbaric, cruel label.But along with the two contact, absorption towards the Han culture of the Central Plains, the law also began to move from the "simple" to civilization, taking into account the more human factors, shows the ethicaltendency of legal culture of Liao and Chin.This paper is divided into four parts to discuss the reasonable method ofLiao and Chin Dynasties, summary of related works about the reason andmethod research of reason and law definition and Galerkin period the introduction part summarizes the predecessor’s proposed. The firstchapter describes the legal thought of emperors and ministers Galerkin period among the reasonable view, analyzed mainly through they haverecorded languages. The second chapter is to analyze the main partcontains the reason and law from the Liao and Chin Dynasties judicialspecific case, mainly through the treatment of decision two part of criminal and civil cases, especially the effects caused by the reason forthe final judgment method to the analysis of the case. In the conclusion part, discuss the reason and law influence on the society at that timeproduced and significance.Galerkin as Khitan and Jurchen established minority regime, has ruled large areas of northern China up to more than 300 years,the long-term rule, for the absorption of Chinese culture reference,two regime successively from slavery to the feudal system. Galerkin in long-term reign, northern Han, Khitan and Xi,,Jurchen nationality mutual fusion, has made great contribution to the integration of the Chinese nation, Galerkin in economy, law has the binary or ternary rule policy, this also objectively conforms to the law of the development of national, to further promote the national fusion. Research on legal issues, has a great significance, legal system as part of the cultural system,Liao and Chin Dynasties has to absorb and draw lessons from the law of Tang Dynasty, the Central Plains,French, and eventually formed the own legal system, Liao and Chin legal system and the law of Tang Dynasty a high degree of similarity, have confirmed the Galerkin as a part of the Chinese legal system and Chinese legal system of complete and unified made an indelible contribution, should not be fragmented in the Chinese legal system, national integration, especially the objective result of the fusion of the thought, but also the minority for the Central Plains cultural identity of the product. "Hua Yi Zhi Bian" in understanding of the Liao and Chin Northern Minority Law "primitive", also can get new ideas in the study of this problem. Such as Liao the Qingning system ", the gold of the Taihe law righteousness" is highly developed and perfect feudal legal system, the intricacy of the grammar is not less than before, the law of the Tang or at the same time the song punishment system "and the law, just in specific rules of punishment, the wide strict degree is slightly different. Galerkin’s laws and policies,on the later also produced far-reaching influence,even till that day,Galerkin legal policies still have important reference value, such a strategy of divide and conquer north and South Hospital of Liao Dynasty, in view of the different allegiance to the people,the Youyun area new allegiance to the Han and Northern Khitan people with different policy of ruling,such a divide and conquer strategy,for the current policy of Hong Kong and Macao and Taiwan problem solving,certain reference significance. Galerkin strategy of the Bohai Sea and the northwest minority rule, for the present Tibet and Xinjiang minority policy of maintaining stability has a certain reference value. For the Galerkin law of "reason" problem, is also important. "Reasonable" in-depth study, can clear Galerkin Law accept the Central Plains, French and of Zhongyuan French accepted degree. Finally once again confirms the Galerkin law is part of the Chinese legal system can not be separated.