A New Exploration Of The Folk's Legal Idea In The Ming And Qing Dynasties

Legal idea is a special legal awareness reaction stage between emotional and rational,it is not always consistent with the official legal thought,the fit degree between them directly affect the consequent of legal running.As an important stage in the development of China Law System,the research of civil law concept under Ming and Qing Dynasties have been some achievements currently,but they have not yet formed a complete system.This article attempts a new perspective on the civil law concept of Ming and Qing dynasties,make some work of analyzing and summarizing,to amend,supplement the content of this topic,at the same time,to quest the development of citizens' legal awareness of the process of Judicial Reform.Base on folk literature,through the perspective and method of “legal and literary”,proved to be uesful and fruitful to the study of civil law concept,this paper also use this approach,aid the famous detective novel " Three Heroes and Five Gallants ",which was written in the late Qing period,fully reflect the civil law concept of Ming and Qing Dynasties,to explore the concept of litigation,the concept of punishment,the concept of forgiveness,which can typically reflect the main content of civil law concept,to compare the diffrent between the civil law concept and the official thought of Ming and Qing Dynasties,the dynamic changes of civil law concept is also be analyzed,and then summed up the weakening trend of civil law concept and people's attitude of “Damned with faint praise” of Ming and Qing Dynasties.Legal recognition is a prerequisite for the establishment of legal authority,it is a necessary condition for achieving universal compliance,since the the continuing influence of " Three Heroes and Five Gallants " and Chinese traditional culture,to research the concept and the causes of civil law of the Ming and Qing Dynasties,can not only rich the study of legal cultural of Ming and Qing Dynasties,but can alsopromote the process of building the socialist country ruled by law.