The Study Of The Principle Of Disputed Cases In Chinese Ancient

Disputed cases in Chinese ancient were divided into two types:yizui and yiyu.How to handledisputed cases play a key role on whether dealing with problems reasonablly and maintain socialorder nicely.By analysing the literatures and regulations about yizui and yiyu in the Chineseancient,discovering that the principle of the disputed cases approximately divided in three types:the principle of yizecongwu, the principle of yizecongqing,the principle of yizecongyi.This articlestudies that justice deal with the disputed cases using the method of empirical research,and hasconcluded that the principle of disputed cases formed a relatively system.bejing Under thebackground of conflicting and resistancing between Chinese Confucianism and Legalism, legialations and judicial precedents assist each other,but resist each other also.Moreover legislationsand judicial precedents five the authority of the principle of the disputed cases,but at the sametime, applying to the principle of the disputed cases in yiyu is slectiv. Although the principle ofthe disputed cases are applied under the presumption of guilt, the principle of the disputed caseshave been relatively complete whatever in theoretical background.legislation,judicial practice,itcan offer refernce value on legislation and judicial nowadays in China.The article has four parts besides the frontier and the conclusion:The first chapter,the principle of the disputed cases’historical evolution.It mainly introducesthe formation and continuation’s historical process about the principle of yizecongwu, yizecongqing,yizecongyi.The second chapter,the judicial practice of the principle of disputed cases in Chineseancient.selecting the disputed cases in Han,Wei,Jin,and Southern Dynasties,Wu,Tang,Ming,Qingand so on.The third chaper,the comment on the principle of the disputed cases in Chinese ancient.Itobtains by analysing the second chapter of the judicial practice of the principle of the disputedcases that the applicable scope of the principle of the diputed cases;yizecongqing as the frist ofthe principle is not only because of the doctrine of the mean and the cautious punishmentthoughts but also because of the confilcts and compromises between Confucianism andLegalism;yiyu is not generally applied to yizecongqing,but whose application is special, theprinciple of disputed cases lead to a lot of the miscarriages of Justice bacause of being appliedunder the presumption of guilt, proceedings embody judicial centralization of state power,lowstandard of conviction and other reasons;legal precedent establish and maintain the principle ofthe disputed cases.The fourth chapter,the enlightenment of the principle of the disputed cases.Nowadays inChina apply the principle of yizecongwu,abondan the principle of yizecongqing,but nowadays inChina is influenced by yizecongqing;the regulation and judicial practice nowadays in China areall relatively simple,this chapte sussests to draw lessons from the method of “liangxingcongqing”in Chinese ancient.