From The "Concealing Between The Relatives" To The Law Thinking Of The Scholar Officials Of The Southern Song Dynasty

“Concealing between the relatives” means mutual concealment between therelatives,and without punishment.In ancient China,this principle first of all is one ofpatriarchal idea.Second,as a rule of law,it signifies that the Confucian ethics had hadgreat influence on the ancient Chinese law.In Song Dynasty,Scholar-officials had involved political so deep that made legalconstruction such developed.And what behind them were Confucianism,whichinfluenced scholar-officials on Legal Philosophy and Judicial Practice.The entry point of this essay is the issue of “concealing between therelatives”.The aim of this essay is wish to present the general idea of law thoughts ofthe Scholar-officials of the Southern Song Dynasty,and try to restore the fact of JudicialPractice of Scholar-officials of the Southern Song Dynasty.First,this paper compares the Avoidance of Relative Being Witness Systembetween every dynasty in China.As a result,it figures out that there were somecommons and difference in them.The border of this system was enlarging all thetime.And the punishment of the law had changed lots.In the second,the writer study thelaw cases between the relatives，the Scholar-officials had dealt with different cases indifferent attitudes.The third part analyses the Legal Philosophy of the Southern SongDynasty.There are three figures:law should be equity,law should changes withsociety,trial with giri.In the final,on the view of the history of Chinese thoughts,thepaper review the process of the combine of Confucianism and the ancient Chinese law.