The Reasoning Style Of Traditional Judicial

Modern Chinese judicial process is a "Western Learning", after the political reform inthe late Qing Dynasty, China’s judicial tradition in the form of mandatory fragmented, lawmaking and law implementation, execution are modeled on Western justice. Although theconstruction of society based on the rule of law is no small achievement, but reflected alsonot be underestimated. In particular, is now in the form of the judicial system and mentally,tried to move closer to Western justice, the result is the rapid development of the level of theform of the modern judicial, but, subject to the influence of the traditional justice handeddown for thousands of years, nationals awareness and acceptance of the judicial level is farbehind in the rapid development of the near modern judicial requirements. In addition, due tothe modern Chinese justice is almost out of the traditional justice based on the rise, there is alarge number of nationals and the conditions do not match, Such as "observing the law" of"lax enforcement" and "feeling above the law" is not conducive to the development of thejudicial situation in the judicial process. To solve this situation needs to seek ideas anddirection from the Chinese traditional justice.The departure from the traditional justice, of time-oriented, the first retrospective of thetraditional Chinese method of formation, preliminary understanding of the traditional justice,thereby forming the overall impression of the spirit of the traditional justice core and explainthe cause for the formation of this traditional judicial spirit, as well as the performance of thethree basic forms. Again, to the development of the traditional justice clues, divided intoembryonic development, prosperity and explore the basic structure of the traditional judicialargumentation has late four stages; and to the various dynasties judgment handed down center,argumentation of traditional justice reflects the stylistic aspects of style and logicalcharacteristics, multifaceted discourse of traditional justice embodied features from differentangles, and the formation of these features a variety of reasons.Comprehensive understanding of the Chinese traditional justice, to face up to the impactof the traditional justice to the modern rule of law. Last, in the face of the inadequacies ofmodern justice, from the traditional to find inspiration to seek solutions.This article in Chinese traditional justice arising from the Law Department before thejudicial activity in the late Qing Dynasty Reform, Succession and Change of to explore legalthinking in the thousands of years of judicial activities,"mutually exclusive from etiquette" tothe formation of the final "etiquette confluence" characteristics. Characteristics of traditional justice "Ceremony financial in law" makes the traditional justice said the rational also willbecome very prominent."Legal reasoning","ceremony reasoning "and "the situationreasoning" is reflected in the traditional justice said the three basic forms of rational and usethe traditional judicial those judgment in,"Convince people by reasoning "not only theemotional needs of the people, it is the judicial requirements. From the "suits" to "no suits" isthe traditional judicial most desired target. To select a number of cases in the literature todaysaved the judgment, the details of its basic structure from the elements and proof modedemonstration study to explore the unique nature of the basic structure and style of traditionaljustice.The for traditional justice stylistic evolution, the implication of the pre-Qin to Ming andQing simple your brief and clear summary of the changes in the characteristics of the variousdynasties. The same the modern judicial compared to the traditional justice has a unique logicsyllogism mode compared to the general sense of normative reasoning, the traditional judicialunique logical reasoning mode is easier to be accepted by the people in their thinking patterns.A concrete manifestation of the logic of its anti-traditional justice based on the personalexperience of intuition, the courage to get rid of the limitations of statutory law; focus onpractical rationality, concerned about the reality of life, emphasizing practical, practical andimplement; advocates the "Big I", against only and dead legal concepts, that the idea shouldat any time with the people over things change, focusing on the role of people. Provenembodied in the unique style of traditional justice can take to make up the shortcomings ofmodern judicial, making use of written judgment, the judgment to be described withreasonable, and the first sentence case, Appropriate focus on the literature on literacy, willmake The modern Chinese judicial toward entirely new situation, which is not limited to theembarrassing situation of legal transplantation.