The Spring And Autumn Period And The Trial And The Han Dynasty In The Legal System

After Xia, Shang, Zhou dynasties, Spring and Autumn Warring States period and Qin dynasty, Chinese history went into the Western Han Dynasty period. During this period, Dong Zhongshu from the Confucian school proposed adjudicating suit in line with the spirit of Spring and Autumn in order to solve the legal and social moral conflict, which melted the Confucian’s proposal of ethics into the law. It not only permeated Confucianism into the ideology of the people, but also met the needs of the ruler. This accorded with the needs of history and conformed to the trend..Adjudicating suit in line with the spirit of Spring and Autumn, also called adjudicating suit by the Confucian classics, is a judgment manner in the period of the Han dynasty. The officials at that time dealt with the judiciary matters according to the Confucian classics of the Spring and Autumn and other Confucian classics’ main spirits and relevant records. Its main principle is "concealing between sib" and " penalty given according to intention," which means "relatives should help each other conceal crimes" and "the actor is convicted of the crime based on his behavior of good and evil in his hearts". The evaluation towards adjudicating suit in line with the spirit of Spring and Autumn in the law science circle is mixed. It leads moral into law conforming to the development of history at that time. But there are also some disadvantages which make moral interfere with the fairness and justice of law later. To some degree, it has similarities with "than" in the law of Han dynasty, make up for the shortage of legal, guaid the trail of the judge,its influences on the Han dynasty and later generations can’t be neglected. It promotes the Confucianism of legal system, which gives the judges some rights of discretion, and pays attention to the conviction of the crime according to good and evil of his subjective psychology. We can not ignoret is that:it also gives us many legal inspirations and is very good for the construction of legal.