The Study On QiuJun Cauitous Punishment

Thought of cautious punishment can be said to be in China has a long history. China’s thought of cautious punishment is in contact with the feudal society’s brutal rule, looters, and arbitrary punishment of the formation and development of contradictions constantly. Although cautious punishment to the feudal period the punishment have temporarily sending relief, but couldn’t change the nature of the temporarily sending. The more so, scholars to the voice of the cautious punishment will be higher. QiuJun also is such, he never gave up his cautious punishment’s claim.Ming, zhu yuanzhang at the conclusion of the yuan dynasty, analyzing the current situation of teaching after, think himself in troubled times, when the "heavy standard rule of strategy, in the judicial practice also tortured harsh, the authorities and even abuse punishment; Mid-ming period, the Ming dynasty is from prosperity to decline, the idle at the palace, bill frist eunuch, judicial harsh. In the face of such situation, QiuJun as advocates of Confucianism, to save and maintenance of the rule of the feudal dynasties, he told China traditional Confucian legal thoughts and summarizes the key exposition of play. He emphasized that everyone benefits, to protect the people of private interests; Analyzes the deeper crime root, acknowledging the political factors to crime; Punishment that humanitarian, respect for life, ask to change the prisoner’s treatment; Against torture, abuse of looters, that the cautious punishment, and will this concept into the concrete system designs. Have to say, he in Chinese law occupies an important position in the history.This paper mainly three parts of the research QiuJun thought of cautious punishment. The first part of this QiuJun’s legal thoughts, about his life and in his academic achievements, summarize investigation QiuJun thought of cautious punishment;The second part of main investigation QiuJun thought of cautious punishment origin, for its cautious punishment of thinking of the background, based on the reality of the Ming dynasty, his profound reflection, try to change the reality of judicial environment expectations and wishes, he cautious punishment to the traditional Confucian thoughts had inherited and had some development; The third part of the focus on QiuJun discusses the main contents of the thought of cautious punishment, from QiuJun in legislative, judicial and ideas of the claim, specific analysis of the QiuJun thought of cautious punishment; The fourth part from both the positive and negative aspects of thought of cautious punishment QiuJun comment.