The Ancient Chinese Family Justice And Function Analysis

Justice is a kind of social disputes resolution of social activities, Chinese traditionaljustice as a type to be established is regarded as the function of sense of Justice. Familyjustice, as a kind of special judicial system, is an effective national judicial supplement.The state of the informal system actually based on authority of chief leader and the clanchiefs in the institutions is a legal activity applied to the clan members. Family justice isbased on the clan and regulations, including the statutory law and customary law of clan.Its range includes individual behavior, family affairs, clan affairs and some other relatedaffairs, operation including whistling, cutting, and implementation of the three stages.Any thing existence has its objective reasons; family justice appears also to have itsinevitability. Isomorphic State-Family political structure is its social conditions and soil,the national judicial vacancies is lack of power to make its produce provide void, internalorder and status maintenance for the provided development space. And things can exist fora long time because of its play an important social value; otherwise it will be washed outby the history. Family justice can not only make the family was prosperous, therebymaintaining local social order, but also can reduce the state judicial cost, which can makeup the deficiency of national judicial.The primary difference between Family Justice and state justice is their applicablescope, among them the existence of a reciprocal interaction. They first are coordinatedwith each other, family justice according to clan and regulations were developed withnational legislation modeled, family justice movement is a procedure in advance of thenational judicial, but its existence through the national accreditation obtained legaleffectiveness. Secondly they are conflicting, family justice processing contradiction inclan interior and applying rules more specific, the punishment to the national judicial issmaller, definition of the state law exist obvious deviation; the family justice of state topromote long-term, only when the family justice concerns the threat to be its negationrules.