Legal Culture Research On The Official In The Song And Yuan Dynasties’ Detective Story

In the Song and Yuan Dynasties,The officials have formed a perfunctory habit in public affair, As economy being commercialized, the phenomenon that social value concentrated on making profit has driven the magistrate,who drew a meager wage from the central government,to exploit the people by an illegal manner under the economic pressure,of which the corrupt fashion has been gradually formed in officialdoms.As far as the low-ranking populaces were concerned,in order to vent their discontent to the realistic society,they managed the impartial denouement in detective stories to seek for justice and rightfulness.Detective novel close to the lives of ordinary people, which would like to reflect the inner world of the people in the face of the judicial proceedings and judicial period, more than the legal instruments. These stories cases the same behavior of the judicial officials in the Song and Yuan Dynasties play a good regulation remonstrance role.Examine the common people expect the image of "Upright official" since the Song Dynasty, can be seen "Upright official" typical smart and make good judgments, honest and law-abiding and Reason Law "taking into account the three main features."Upright official" which focuses on the three elements of the culture-"Reason Law."Emotion","reason","law" of the three, is an organic combination of structural holographic system. Reason Law is the three cultural factors that shape the image of "Upright official". Home of their end of the "law" is the foundation. Soundness of the provisions of the Act, the judge of the legal statutes applicable reasonable or not, the process of the administration of justice in the legal presumption is correct or not, belong to the scope of the "law".This is a direct factor in the ability to do like a "Upright official" to justice."Feeling" ranks its beginning, its impact on the course of justice lies not only in different contexts areas of "human","things", and is to seek various "feeling" to be found in a reasonable way the merits of the "truth"."Truth" living in Reason Law,"people management","reasonable" to "affair","de jure", runs through the core of the "Upright official" judicial key."Truth" lies not only in the judicial process reasonable, rational and objective judicial officials, the rule of thumb the fact that the presumption of reasonable, and contain the impact of various social justice objective affair. Which itself is a "Upright official" distinctive manifestation of the fair administration of justice."Upright official" image of the "sacred","myth" of both the lower people complaints on the social situation at that time and reflection, the upper ruler and bureaucracy also played the role of certain moral regulation. Detective, then the detective story such as advocated by the "Upright official" culture, Song and Yuan dynasties, and even the ancient Chinese history and culture still "feeling" Chong "law", the weight of the "truth" of the distinctive qualities embodied; ancient Chinese legal culture psychological paradigm, personality mindset of a typical representative of norms and shape.Detective, then the performance of civil honest and upright official, with the official requirements of the ideal type of clean government similar and different. Similar is that they require a "Upright official" should have a clean, love the people, good character and ability to settle a lawsuit; different in that koan, then the clean government more responsive to the interests and demands of the private sector, has been given a variety of surreal miraculous ability to focus on how the people of redress and access to justice. Looking forward to "Upright official" in the official history is to the interest of First Instance, to maintain the stability of the political and social order.To emphasize that in the Song and Yuan Dynasties’s detective stroys,On more factors, compared with the detective novels of the Ming and Qing Dynasties, and there is a difference in shaping the honest and upright official typical content and significance. More obvious point is that, Song and Yuan dynasties, then the detective novels focus is criticized for causing all sorts of miscarriages of justice, judges, and the shape has not been more honest and upright official doped miraculous color, which reflected Bao Gong’s Upright official image, in the trial investigators and other aspects of retention many official Morally characteristics. Can be said, the Song and yuan Gong case class Hua Ben is re-shaping of the civil the upright official image of the required official Song Yuan Government this honest and upright official faith of the people, to join the official doctrine model into the history of loyalty to the emperor Man, honest law enforcement the specimens official. Song of the officials and the public interaction judge shaping still in Preliminary stage, finally completed until the Ming and Qing Dynasties.