A Study Of Bao Zheng 's Criminal Judicial Thought In The Northern Song Dynasty

As a famous historical figure, Bao Zheng’s influence is extremely profound.There are some couplets in the Bao Zheng temple in AnHui province HeFei city, wecan see the love of people to him via them. And this even becomes an important partof the public legal consciousness. This thesis mainly studies the criminal justicethoughts of Bao Zheng in northern Song dynasty. It can be divided into three parts:introduction, text and epilogue to discuss the content of the Bao Zheng’s criminaljustice thoughts and practical significance. In the introduction section of the paper, itanalyzes the reason of choosing the topic, the academic significance and realisticvalue and summarizes the academic research results at home and abroad and states theresearch method of this paper, and the innovation point of the thesis.The body can be divided into five parts. The first part is mainly an introductionof Bao Zheng. Through the historical data record, We can get a whole cognition ofBaoZheng. Regarded a judicial figures in ancient China, people can think of BaoZheng firstly who was called "Bao Qing Tian". From the Yuan dynasty tol the Mingand Qing dynasties, the image of Bao Zheng was processed and the widespread ofnearly one thousand years through opera, drama and fiction works of art and literature.He always kept the allegiance to the emperor and sympathy of the people in theprocess of being an official in the lifelong time. He adhered to plead for the people,kept the strict law enforcement, and adhered to enforce the law impartially in judicialactivities so as to guarantee the fairness and justice. Bao Zheng was born in troubledtimes, Northern Song dynasty developed nearly hundred years, all kinds of socialcontradictions were clear day after day. There were contradictions of sorrow insideand the war continuous years outside. Faced such a grim time, Bao Zheng expectedget rid of this embarrassing situation through his own efforts. He set a good example,criticized the Northern Song dynasty’s political ills bravely, and put forward a seriesof advices about the problems of the redundant bureaucracy, the corrupt officials andthe people’s tax burden. Bao Zheng proposed the criminal judicial thoughts tomaintain class rule and ease social contradictions.in the Northern Song dynasty,The second and the third part mainly analyze the theory origin and the maincontent of Bao Zheng’s criminal justice thought. Through the analysis it can clearlyseems that Bao Zheng’s criminal justice thoughts is the product of combining theConfucianism and the Law. The "official" culture as the most representative inChinese legal culture and uniqueness reflects the traditional Chinese concept of law.In official body condensed the expectation to the Chinese public law. If we detailedand carefully analyze and master, It will be no doubt to have certain referencesignificance of the legal profession in today’s reform of the judicial system of theprofessional ethics and professional quality. The fourth part expounds the maincontent of Bao Zheng’s criminal judicial idea, in the case of historical records and thethrone, we can see some criminal judicial ideas like choosing good collectors,checking off "drop", positive reward for cautious punishment.And at the same time in jail time, to prevent the phenomenon of abuse, judicial reform was carried.The fourth part makes a basic evaluation about Bao Zheng’s criminal justicethoughts. First it affirmed the Bao Zheng’s contribution to the Northern Song dynastyrule, particularly emphasis that officials should have law-abiding consciousness,which to some extent, weakens the judicial dark bad impact on public interests. Baozheng’s checking off the thoughts, to a certain extent, maintained the judicialindependence. The litigation reform also closed the officials and the people, alleviatethe contradictions between the officials and people and severely crack down on thejudicial corruption. Secondly it discusses the limitations of Bao Zheng’s criminaljustice thoughts. Finally it describes the influence of Bao Zheng’s criminal justicethoughts.The fifth part of the paper through the analysis of Bao Zheng’s criminal justicethoughts, aimed at the reality of our country, puts forward some suggestions. In thereform of the judicial system, the idea of justice for the people is the premise, improvethe judicial personnel’s professional accomplishment is the foundation, cultivate andnon-corrupt moral quality is the key, set up the lofty spirit of justice is the core andpromote the reform of the judicial system is the guarantee.