Study On The HUSHIBI Justice Research

This article started from the judicial practice, screened out the Hu Shibi court verdicts in Ming Qing Great Judge Court Verdicts, combined with Cai Kang, Song Zimu, Ye Xian and other 6 judge court verdicts. This article studied the southern song dynasty court verdicts from thinking mode, behavior mode and influencing factors, and then summed up the characteristics of judicial adjudication with the condition of judge Confucianization in southern song dynasty.In the first place, this article discussed the thinking mode of Hu Shibi from the following three aspects: Local administration thought, practical thoughts, and the principle of reasonable judicial standard. In Southern Song Dynasty, the war and unstable society conduced the administration official judicialization. In other words, it is too much emphasis on legal test and the status of scholars improving given the administrative officials a degree of judicial power which implemented the purpose of governing. The gradually stabilize and penetration of new Confucianism in late southern song dynasty made the ideas of the judge in the process of solving has a certain degree of change which means that they paid more attention on enlightenment rather than punishment.In the second place, this article discussed the behavior mode of Hu Shibi. On the one hand, the unique literary intelligentsia’s political cultural is the political factor that influence the southern song dynasty judge Confucianization. The replacement of imperial examination system to the family system is the important condition that scholar-bureaucrat improved the political and social status. On the other hand, the formation of the monarch and scholar-bureaucrat common management pattern supplemented each other with the development of Confucianism. The southern song dynasty judge as belongs to the scholar-bureaucrat who were affected by the pattern improved political status greatly. Those who became the scholar-bureaucrat judicial officials through the imperial examination system seen the justice and humanity as the judgment standard. They paid more attention on enlightenment rather than punishment. The standard of light punishment and enlightenment mainly embodied in the following three aspects: Sense, system and class.The final study is the manifestation of the southern song dynasty judge Confucianism, composed by judicial standards of love and reason and the revolution of judicial system. Judicial officials who experienced the imperial examination system treat natural justice and humanity as an important standard when judging the case, which became basis discretion of the judge and flexible law. Give priority with enlightenment and reduce the degree of punishment in criminal punishment, and mainly reflected in sense, system, class.