| Govern human behavior’s subjective consciousness is called a concept or idea,and in the judicial activities of the subjective consciousness of the judge and decisionis the judicial philosophy. Different dynasties of the judge, because of the time to thepolitical background, economic background and the formation of different culturalbackground and different concept of justice, but overall the judge’s judicialphilosophy in ancient China also has the same and similarities, these ideas can comedown from generations and enduring, is the essence of ancient Chinese legal culture,today, of course, we also should draw lessons from and absorb by the construction ofsocialist legal system.Based on the fold prison GuiJian repair center, based on the analysis of and sumsup the encyclopedia of a total of719cases, after the first review in this book was themost outstanding is analyzed the cautious punishment T-shirt of this concept. Acautious punishment T-shirt of prisoners is works in cautious punishment as well asproper mercy on the prisoners and shirt. The judge at the trial evidence adoption orshape the original intention of interested readers will need to keep a kind of Ming toprudent attitude. And link in the judgment, on the basis of solid conviction accordingto the actual circumstances of the prisoners for r. T-shirt. Such a thought is thecombination of "justice" and "RenShu", also is the embodiment of the Confucianthoughts in legal realmReasonable settle a lawsuit is another typical trial judge concept in ancient China.Examines the concept from prison and trial. Examines in prison phase, the judge usecontains logical sense as principle and the way of trial, and then abandon falsely,eliminate suspects, maximum extent the law fact is close to the case facts, avoid beingproduced. Appear in the trial stage, not only in the sense of law of gaps and holes playa supplementary role, at the same time reasonable law conflict will be beyond the lawas the final basis.For pursuing the idea of no suit, in ancient China, the judge will be using both positive and negative way to achieve the goal of no suit in actual cases. The positiveway is given priority to with official regulation, specific performance for thecautionary tale, empathy and remorse; While negative way sheriff for endless delaysand refused to clear. But no matter in what way, all is in order to achieve theirnon-litigation idea deeply rooted in heart.。Self-discipline since concept pro trial judge, for its own constraints andconsciously form of ethics and code of ethics is a kind of specification. The concepthighlights in the case of industry and for law enforcement to clean, and of course theidea also is today the judges should be more reference and learning.To sum up, no matter in which stage of trial, the sheriff would by correspondingidea for support to know the actual judicial behavior. According to reason, or thepursuit of no suit, as long as the set up and insist the right idea, it is possible toachieve balance principle method, fair justice. |
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