Research On The Reasoning Method Of Civil Judgment In Ming Dynasty

Civil judgment has entered the mature stage in the Ming dynasty.If we want to study ancient civil judgment,the civil judgments of Ming dynasty are important specimens.Civil judgments of the Ming dynasty can usually grasp the key points,combine emotion and law,with beautiful words.They usually have strong appeal and persuasion,embodies the ancient people's experience and wisdom in the judicial practice.The civil judgment of Ming dynasty is of important research value.And if we research on civil justice in Ming dynasty,the Zhe Yu Xin Yu is representative works in this field.Zhe Yu Xin Yu was written in the late Ming dynasty.It's a collection of all kinds of cases written by Li Qing,when he was the municipal judge of Ningbo.The book not only vividly reflects how the law was applied to the society in the late Ming dynasty,but also has a typical reasoning mode.It's analysis on cases is quite clear,full of beautiful words and rigorous logical reasoning.Scholars think this book of high evaluation.The text analysis method and comparative analysis method are adopted in this paper,which aiming at studying the reasoning mode of civil judgment in Ming dynasty mainly through the Zhe Yu Xin Yu.To prevent prejudice,this article also referred to the Meng Shui Zhai Cun Du.The attention is focused on how the civil judgments in Ming dynasty reason the result.This article analyses the reasoning mode of the judgment mainly from the aspect of methodology which composed by three aspects.First,the structure.Whether the structure of civil judgment in Ming dynasty is reasonable or not.And if this kind of structure has some kind of advantage.Second,the language.What is the relationship between language style and the effect;Third,the legal reasoning.The civil judgment of Ming dynasty isn't normative in form,so how the reasoning goes on,whether it's logical reasoning is poorer.This paper attempts to reveal some of the relationship between the form of reasoning and its effect through the analysis of the three aspects.At present,the reform of the referee documents is in the ascendant.While scholars are studying from the reasoning model of judgment abroad,they also begin to focus on the judgment in ancient China.I hope that this article which focuses on the form of reasoning in the civil judgment of Ming dynasty can bring some little inspiration for the reform and innovation of the judgment.