| "Ziwufu" is a judicial phenomenon in ancient China, which demonstrates some features of the ending of a case in ancient China. The in-depth analysis of many aspects for such phenomenon of evidence, judicial litigation, judge liability laws and regulations, can enrich the study of legal history, and especially have a great influence for today's judicial trial. "Ziwufu" is a reflection of the process of formation and results of unjust cases. In recent years, our country also have frequent unjust cases, misjudged cases in judicial practice, which not only caused heavy losses on the parties in material and spirit,but also greatly damaged the country's judicial authority. This phenomenon also hindered the process of Chinese legal construction , and also attracted much attention of the society. The study of the phenomenon of ancient Chinese "Ziwufu" can help us to have a better analysis of the causes of unjust cases, and learn a lesson from the old experiences. The paper reviews the ancient Chinese "Ziwufu" judicial phenomenon,which compared with the disputed cases. The author just give a detailed study of the causes of "Ziwufu" ,which concluded that applying of the principle of presumption of guilt, torture system, subordination confession of judicial power,as well as centralism are main reasons of the phenomenon of "Ziwufu". The paper wants to point out that the ancient China had always taken a series of measures to avoid and correct the phenomenon of "Ziwufu" by analyzing the reasons of "Ziwufu" .The paper is aimed to refine some valuable experience and inspiration from "Ziwufu" by concluding the judicial logic of the phenomenon of "Ziwufu" combined with modern unjust cases.A study of cases of "Ziwufu" can give a theoretical basis for this kind of cases, which combined theory with practice.The applying of logic and analysis of the phenomenon of"Ziwufu" into practice can give a better use for reference to modern cases, which can promote the development of the cases and reduce unjust cases. |
PDF Full Text Request