The "Human Sentiment" In The Book The Collection Of Pure And Bright Court Verdict Made By Famous Officials

The book The Collection of Pure and Bright Court Verdict Made by FamousOfficials is the earliest excellent Southern Song Dynasty’s official documents andlitigation judgments. It collected the typical representatives of the judicial officialdocuments66, court verdicts409and7vol, including Appendix during the period ofsouthern Song dynasty Ning empire late to Li. The Collection of Pure and BrightCourt Verdict Made by Famous Officials as a judicial trial assembly, the verdictmaterials completely comes from real life, so its basis is also in the practicalapplication of the rules in social life. It has much significance for us to study theSouthern Song Dynasty actual judicial situation. Ethics is the base of the Ancientchina. It shows much significance in the ancient Chinese legal system. In thetraditional judicial trial, followed by the judgment of human sentiment-ethics–lawrules, the judicial trial by the human sentiment has become the norms of judicialpractice. Based on the analysis of The Collection of Pure and Bright Court VerdictMade by Famous Officials,we discover that in the Southern Song Dynasty, thejudicial trial is not only in accordance with the law rules. In this article, we’ll applythe means of comprehensive statistics and case study to analyze the meaning of thehuman sentiment, the application characteristics and scope of application of thehuman sentiment, the positive effects and the negative effects of some aspects such asthe human sentiment in the judicial trial role. Then we try to illustrate that the meritsof the case is not verdict by the human sentiment without rules by the officials in theSouthern Song Dynasty, which is more a comprehensive understanding of the judicialtrials.In the first part, the author gives a brief description of the Chinese traditionalculture of "Qing" and the traditional judicial trial of "Qing". The purpose from thewhole is to get a clear concept and application of "Qing" in ancient Chinese judicialtrial.The second part of the article starts from the case of The Collection of Pure andBright Court Verdict Made by Famous Officials to analyze the effects of the humansentiment in the Southern Song Dynasty judicial trials, the human sentiment in different areas and different cases in the application,and to illustrate the characteristicsand scope of the judicial trial by the human sentiment.The third part is to analyze the different causes of the different human sentimentto judge a case. It included the influence of traditional Confucian culture, thedeveloped commodity economy, and the ruler of the moral orientation by the empireand officials of the judicial value orientation.In the conclusion, the author thinks in the Southern Song Dynasty practicaljudicial trial, court verdict by the human sentiment includes affection, pity love,human care and assumption. Application of different human sentiment indifferentareas, different nature of the cases and different regions are not the same, such as thecases which verdict by the human sentiment occurred mainly in the county, township.At the same time, the judicial trial by the human sentiment is mainly applied in civildisputes field, and little used in criminal official field. It reflects that the judicial trialin the Southern Song Dynasty, officials are not verdict by the human sentimentwithout any rule, they were verdict by the human sentiment according to the differentfields, different nature of the cases,different areas.