Rseearch Of The "Human Sentiment",The "Axiom" And The "Law" In Civil Justice From The Collection Of Virtuous And Brightness Verdicts By Famous Judges Of Ancient China

The Collection of Virtuous and Brightness Verdicts by Famous Judges of Ancient China is the the important references to study of Song Dynasty’s court verdicts, it’s includes both cfa and government documents, we can find that, during this period, the civil justice to increase in number, the content pay attention to the analysis and the interpretation of legal concepts, the legal thoughts more tend to be fusion of human sentiment, natural justice and national law. A distinctive feature of the ancient justice is not only put the law as the only standard to judge, but also refers to social norms when they handing the dispute, such as public order and good custom, the theory of family and social morality, this is the legal thoughts which fusion human sentiment, natural justice and national law. Compared with relying on legal provisions of state coercive power, the public is more likely to accept the regulation which closely their life as the evaluation standard of benefit distribution. Therefore, in order to properly resolve disputes and let both sides can more convincing the verdict, when the judge solving, especially in civil cases which less ruling social harmfulness, often applied law combining with justice, human sentiment at the same time.,The legal thoughts which fusion human sentiment, natural justice and national law are widely used in the feudal period, it’s closely connected with the social environment at that time. Although our current social environment great changes, the socialist legal system construction also has fundamental difference with the feudal period, but in the face of an increasingly complex social relations, the stability and lag of the law is determines that will be unable to do when be used, the society generally accepted view of morality, ethics and emotion will became the best weapons which can make up the shortfall of the law. This is the theoretical significance and practical significance that study of the legal thought which fusion human sentiment, natural justice and national law at present.This article was divided the civil justice into four parts for analysis, including real right, creditor’s rights, marriage and family and inheritance, according to the different legal relations, set forth the conception of justice, national law and human feelings in the court verdict. In the property disputes which includes real right and creditor’s rights, and personal class disputes which contain marriage and family and inheritance, is not without distinguish, or generally applicable that legal thought, but according to the different legal relations, its specific connotation and application status are different. The first case about the right of inheritance for embryo freezing in Nanjing in 2014 confirmed that, the applicable value of the legal thought not only in the Song Dynasty, but also at the present is still important in judicial practice.