Principles Of Suspected Crime In Ancient China

For suspected crimes can how to deal with the relationship between the fair deal with the problem, whether can maintain good social order, through the ancient literature about the suspected crime in our country, the laws and regulations of comb, found on suspected crime principles in ancient China can be roughly divided into four categories: suspected from the principles of god; The lighter principle. Is from the principle of debate. Principle of suspected from foreclosure. This paper adopted the combination of empirical and theoretical research methods, it is concluded that the ancient Chinese suspected crime principles has formed a relatively complete system, each about treatment suspected crime theory in ancient China is not the same, in the judicial practice on the application of the suspected crime principles and have their own choice. Although the suspected crime principles in ancient China was conducted on the basis of the presumption of guilt, but its theoretical background, legislation, judicial practice are relatively complete, to our country contemporary legislation, judicature is of great reference value. The article includes four parts.The first part, defines the connotation of the suspected crime in ancient China on all aspects of the formation of suspected crime factors are introduced. At the same time, also selected the Confucian "cautious punishment", "heavy" thoughts, Zhuxi’s "save them and destroy the human" thoughts, Shenyang in the idea of "human rights law" and so on various processing point of view of suspected crime research.The second part, as the core content of this paper, mainly tells the story of ancient China to deal with the general principles of the suspected crime, namely close to the first principle of cherished one’s relatives hidden and Respect elders; Special principles, the suspected crime from god, suspected from forgiveness of sin, sin from discussion, untrustworthy sin from light. And introduces the emergence, development and evolution of these principles.The third part, mainly introduced the ancient suspected crime principles of characteristics in the process, namely, first of all, just explain hitches in the processing of the suspected crime plays an important role; Second, the cautious punishment penalty concept throughout the entire process always suspected sin; The last privilege hierarchy led to the connection with different sentence in the process of case handling. In ancient China and the characteristics of the suspected crime principles for evaluation.The fourth part, on suspected crime of the ancient Chinese principles summarized in the process, it is concluded that the processing some Revelations of the suspected crime: first, to distinguish between suspected crime cases in ancient and modern suspected crime cases; Second, came to the ancient system and modern collegical system were compared; Finally, the ancient suspected crime, be given a lighter and modern suspected crime has carried on the elaboration from without...