The Research On The "Human Sentiment" And The "Ethics" In The "Hu-Xiang-Yan-Lue"

In today's China,the concept of "equality before the law" is deeply rooted in the hearts of the people,but in ancient China,if the status is different,dispite committed the same crime,there will be a different penalty.In addition to the status of the parties,the Confucian ethics,common sense,such as the general sense of law is sometimes superior to the law,become the basis for judicial adjudication.This judicial model is deeply rooted in Chinese traditional culture.The influence of social culture on the judicial mode of a society is enormous,and the society of "the supremacy of law" and"the supremacy of religion",the legal norms and religious precepts will inevitably become an important source of justice.Confucian ethics has a profound cultural foundation in the China society,China traditional mainstream culture is Confucian culture,so Chinese ancient grassroots judicial mode is different from the two western western judicial model,officials in the judicial process,not only consider the law,the social status,the Confucian ethics,the specific case is different,will affect the results of judgment,which is decided by the cultural origin of China.This article is based on the cases in Hu-xiang-yan-lue in the Ming Dynasty,starting fron the operation mechanism of Chinese traditional judicial precedents,combing the type of emotion and reason about Chinese traditional judicial precedent,looking into the changes in social and reason that are reflected by the Chinese traditional judicial precedent,then discussing the positive aspects and the reason why this phonomenon came out.There will be some limitations,but by studying these cases can be based on the basis of the judiciary in the Ming Dynasty A certain understanding of the emergence of justice,influence and significance of the summary also has some practical significance.