A Research On The Relationship Between Judicial Operation And Vengeance Culture-from The Perspective Of Harmonious Society

The vengeance is a kind of ancient social phenomenon, playing an important role intraditional Chinese culture. Based on the human nature theory of Marxism, this paper tries toanalyze cultural roots and features of vengeance. The revenge means the living creatures’reactions to the outside infringement. While the vengeance means the victims or the relativesenforce the delayed punishments on infringe before or outside of the emergency of the statelaws.The vengeance contains its deep human foundation. Back to the early farming society,the most basic social relationship is family relationship. Therefore, when the family membershave been infringed, other members, in order to maintain the stability of family relations, willtake revenge means to keep the interest of the family. With the incentives of the traditionalfeudalism and Confucianism, it urged the development of vengeance culture. Along with thefurther progress, the public power of embryonic began to form as well as the creation ofjudiciary, judicatory operation.The vengeance is the performance of the personal aids, while the judiciary is the path ofpublic force. The existence and development of personal aids are the obstacles to normalsocial orders and endanger a nation’s overall benefits. Up to now, vengeance culture deeplyeffects on people’s lives. Without proper rules and regulations it will result in disastrousconsequences. When the vengeance behavior runs gradually away from blood or familyrelationship to the money fields, revenged system comes into forming, and guest’s systemappears. However, with the perfection of nation legal system, the social development, with thebreaking of monetary relationship, revenge system gradually falls off and judicial operationthen arises at the historic moment.Judicial operation and vengeance culture all belong to superstructure and judicial systemlays the foundation for the standardization of vengeance. If vengeance turns into vengeanceculture, it becomes the basic reason for the establishment of judicial systems. Nowadays evenin the harmonious society vengeance culture still influences on people’s life to certain extent.The judicial operation and vengeance culture unity of opposites. While allowing the existencepublic force vengeance, we need to regulate the personal force vengeance: such as promotionof the awareness of vengeance, prohibition of private aids to avoid its negative impact on judicial regulation and judicial operations. Therefore, we need to adopt proper policies andmeasures to regulate in order to reach the unity of law effects and social effects.According to the theory of harmonious society, this paper emphasizes on analyzing thelogical relationship between judicial operation and vengeance culture, clarifying their logicrelations, thus to serve for the construction of harmonious society. The whole paper is dividedas the following four parts:Part One: the author explains the related theories of harmonious society and judicialoperation and defines their cultural background, definitions, basic principles as well as aims.Part Two: the author distinguishes the concepts of vengeance and revenge. Based on theirdifference, the writer introduces other concepts including vengeance culture, judicialregulation，and judicial operation. Furthermore, analysis of the human and social roots of thedevelopment of vengeance and vengeance culture are also mentioned to discover thedeclining of vengeance system and the historical, cultural and social reasons of the form ofjudicial regulation and judicial operation.Part Three: the author exams the influence of vengeance culture and judicial operationand analyze the opposites’ unity of relationship between judicial operation and vengeanceculture, in accordance with China’s situation, proposes some concrete and pragmaticmeasures.Part Four: the author suggests we should regulate the vengeance culture with legalactions, promote legal awareness, and take the advantages of vengeance culture to lay a solidfoundation for the construction of legal socialism.