To Expound The "Slice Speech To Decide Cases" In Ancient China

Any social phenomenon has its production and development history, once thehistorical ties are put aside, all the legal phenomena can’t get the correct grasp andunderstanding. In field of justice of the ancient China,“slice speech to decide cases” asa traditional judicial phenomenon is not accidental, its existence and operation has thetypical patterns and ways. This traditional judicial phenomenon appeared in thejudicature field of ancient China is not accidental, its existence and operation has atypical patterns and methods; and its production has more profound economical,political and cultural reasons. In addition, it has once become the high praise andmeasures of judicial officers in the field of ancient Chinese litigation. Author wants tofigure out why it has such a great charm, and under such historical and culturalconditions, it can made good social effect and be highly sought after.In a word,“slice speech to decide cases” means that the ancient judicial organsaccord to a word or half a language of one party or both parties or witnesses in cases inmastering and directly referee cases. It reveals a special kind of judicial philosophy andideology in the field of the ancient Chinese judicial practice, and increasingly developedinto a way and the guiding thought of trial the cases which the judges of the ancientnon-completely based on evidence and logic but conclude subjectively. Through thetypical cases, author roughly summarizes two basic modes of operation of “slice speechto decide cases”, respectively is the mode of reason and mode of experience.Explore the causes of the traditional Chinese judicial phenomenon can not belimited to the value of the judicial activities in itself, but in depth on the level of thewhole social existence which plays a fundamental role in arising this phenomenon oridea. The author analyzes in depth the causes of “slice speech to decide cases” arise,mainly focus on four aspects, agricultural economic mode of production, the autocraticpolitical activities, patriarchal clan social structure and local law and discipline riteculture.“Slice speech to decide cases” as the standard of praise and measure of judicialofficers in the field of ancient Chinese litigation, which contains a wealth of valueorientation, specific performance for pursuit of the litigation efficiency, implementingethics and love spirit, balancing the conflict between law and sentiment, to maintain thesocial order harmonious. All these make it has risen to the point of view of thetraditional political philosophy and administrative philosophy.To conduct a comprehensive analysis and research on “slice speech to decidecases” can not be separated from the objective evaluations: on one hand, it has the positive side: contains a simple concept of justice in the traditional Chinese legal culture;has a definite role in promoting the germination of the non-statutory law of the ancientsociety; and its value orientations are also become its positive concentrated expression.On the other hand, it also can’t avoid its inherent defects, focused on that it’s easy toinduce judicial arbitrary decision and to make destruction of the judicial authority andseriousness. At the same time, the author thinks that we still ought to notice to expoundthe lessons from “slice speech fold prison” to draws the profound inspirations of themodern judicial, primarily reflects in the thinking of the judicial discretion, judicialbalance and equity, and the independence of the judiciary.The author hopes that through the full range of elaboration, analysis and evaluation,so that we can make more objective and fair to understand such special ideas in Chinesetraditional legal culture.