The Case Study In Zhe Yu Gui Jian About The Trial Style

Based on Zheng Ke’s of "zhe Yu Gui Jian" as the center, show the ancient judicial officer investigating and judging cases. Although different dynasties of justice because of the political and cultural background is different and may cause some cases of different processing method, but from an overall perspective but also have in common. This paper tries from these common points so we can have a comprehensive understanding to the means of investigation and trial method using ancient judicial trial, discovers the justice and prison break the spirit that can provide a reference for our judicial practice and conducive to the development of modern legal system and concept of China.In the analysis and induction of "zhe Yu Gui Jian" in the case, have a general understanding of our ancient judicial trial style, namely the trial operation, the referee method and the the Spirit of case disposal. First trial operation, namely the ancient judicial officer in the investigation process using their wisdom and flexible use of various investigative methods and strategy investigation. In the method type, the classification standard is from the modern science of investigation in the investigation measures public use or the use of carding and analysis of some of the ancient methods of investigation, including the investigation methods open and secret investigation; in the strategy investigation, its operation as a strategy is of great significance in criminal science and technology behind the ancient."Zhe Yu Gui Jian" not only fully focus on the use of its operation, and some principles that should follow in the use of its operation is also proposed, including two aspects about the use of normal or deceit and the application of deceit confidentiality. The ancient judicial officer in the case is more will be combined with a variety of detection methods and the detection strategy, mixed with the two functions to maximize. The second is the referee method, namely the ancient judicial trial on the applicable statute. Since ancient times,China is the tradition country about codified law. Ancient judicial officer can not only understand the inner meaning of law in adjudicated cases and cited law, but also applicable conditions and to analyze the different case and in the application of the law of the details of the case. The ancient judicial officer on the use of written law has its own internal logic, jude the cases according with the law, comparison and analogy the earilier cases to referee. Study on the legal implications and not be arbitrary. Not only follow the previous case to applicable conditions, but also strictly distinction between the case. Against strict and tough laws,and when referenced draw a forced analogy to applied law.Between reason and jurisprudence, the ancient judicial officer can correctly two relationship. Once again, the Spirit of case disposal,namely begainning with Strict and impartial, ending up with Mercy and prudence. Strict and impartial and Mercy and prudence are the ancient judicial officers loyal to settle a lawsuit spirit throughout, even punish rapeand theft is also to be strictly enfforced. The ancient judicial officer uphold the Strict and impartial not the severe storms as strict, carved deep as strict, but to follow the law, refer to the law and look over human nature,understanding of the law with human nature view, then using the law to explain human nature.In the official attitude, it is the dedicated attitude as a official;form the view of ancient judicial officer."Mercy and prudence" is the sympathy for the weak and sensiblely rigorous,trial judge not cool indiscriminate.