Humanistic Spirit In Tang Dynasty’s Judicial Culture And Its Impact On Contemporary Criminal Justice

"Humanistic Spirit" often called "Humane Thoughts", "Humanistic Tradition", "Humanism". "Humanism" in western culture generally refers to the main current of thought of the Renaissance"Humanism",It related to the Westerner’s religious beliefs.In China’s traditional culture,The content of "humanistic spirit" is different to the West.lt advocates of Heaven and man,Natural Adherence.When handle the relationship between man and nature, man and society,we should emulate the nature.pursuit harmony of all things.In traditional Chinese legal culture,The connotation of "humanistic spirit" was also changing evolving with the times.Tang Dynasty, as the heyday dynasty in China’s feudal society. Its legal had a very important position in legal history of ancient China. This is due to the comprehensive development of its political, economic, cultural and legal civilization. Rulers in early Tang witnessed the rise and fall of the Sui dynasty. Thus in the beginning of the founding,They took a series of measures for the government. And gradually showing social stability and political clear and bright situation. Political stability contributed to Tang’s rapid economic recovery and development. Also promoted legislation in property rights, debt and others. Tang’s inclusive cultural policies made it shows a wide range of characteristics.And strengthened its ties with the frontier and the neighboring countries. Sui’s legal chaotic situation makes the rulers of the Tang Dynasty attached great importance to legislative activity. And regard rectify the legal order as important things.The Tang Dynasty’s clear and bright political, economic prosperity, cultural openness and legal progress in social conditions, To present the "Humanistic Spirit" in judicial culture created a good social foundation.Judicial philosophy as an important part of the culture of justice. It guided the design of the judicial system and the actual operation of justice. Under the idea of "De Ben Xing Yong",Tang’s justice system had been matured gradually.The division of the central and local judiciary became more clearly.Justice was gradually separated from the administrative system.And became relatively independent departments.To ensure that the normal operation of judicial work. The development of "Wu Ting","Evidence System","The repetition of the death penalty" and " Disqualification of judges" in litigation made the trial proceedings improved well. To help to achieve a fair and impartial.The strict Supervisory System of the Tang Dynasty,not only can able to monitor violations officials.but also to limit imperial power abuse.In the prison administration to follow the idea of "Kuan Ren Zhi Yu.Xu Xing Min Qiu",Reduced the generation of miscarriage of justice.Largely maintained the personal rights and interests of ordinary people.It made significant progress in the feudal prison administration. "Tang Lv Shu Yi" as an outstanding representative of the feudal laws is the defenders in Tang’s criminal justice system.Its provision for penalty system and law applicable principles fully reflects the Tang Dynasty rulers concern about their people and their family.However, Standing in today’s society who advocating legal civilization,Rethink Tang’s "Humanistic Spirit",We have to admit that it has deep historical limitations.lt rooted in Chinese deep Confucian culture soil. And maintained the rigidly stratified feudal social order.The law is a tool,but not really used to maintain social fairness and justice.Judicial power and the executive power combined in practice makes the jurisdiction did not achieve true independence.This will inevitably lead to abuse of judicial power.Without a doubt,Tang’s "Humanistic Spirit" has its historical limitations that can not go beyond.But the law as a form of manifestation of civilization,It has a strong national feature.The development of Chinese Law can not do without the support of traditional legal culture.So when we know the drawback in Tang,we should learn its reasonable ingredients also.Allowed it to play a fully role in building the rule of law in China.