A Study Of Humanity In The Litigation Of Officials In The Qing Dynasty

Different from "the stranger" society with "contract" as the value orientation, our traditional society is "acquaintance society", human feelings has the absolute guide in daily interpersonal communication. For human feelings, different people have different understanding, there are two meanings in this article: one is emotion between peoplthe with "loyalty", "filial piety" as the core, the second is the way of traditional society with "benevolence", "the ritual" as the core. The officials enjoy high social reputation in the traditional society, this article with the officials "litigation" as the breakthrough point. Based on the research for the officials in 26 official history books( especially the 116 officials in the draft history of qing), this article analyzes the cases in mother-and-son relationship, mutual affection, brotherhood, neighborhood of civil cases and filial piety, loyalty, humanity of criminal cases with comparison, logic analysis and other methods. The officials in the qing dynasty society, flange reasonable litigation is good for maintain order, ensure justice, educate citizens the positive role, but also has the disadvantages of judicial injustice. Based on the inheritance of culture, the beneficial factors of traditional culture can provide beneficial reference for modern rule of law. However, since the revision of the law of the late qing dynasty, the new laws do not accord with tradition because of excessive legal transplant. So, our country pay attention to the return of the morality of law in the process of legal modernization, to recognize the importance of the reasonable factors in the traditional human feelings, especially the rivision of the protection of the elderly rights and interests of the People’s Republic of China since the 21 st century and other laws. However, humanized in the field of judicial seriously damage to the judicial justice. So, we must strictly to resist human cases and relationship cases.