In The Chinese Traditional Legal Culture "To Examine The Prison" Research

In understanding the "prison", we should grasp the "situation" first."Love is the gift",put it in the "prison" of criminal justice activity,different scholars in different periods have different ideas, but can be summarized into three categories: multiple categories.That is relevant to the case of love, and ethical sentiment, and social.. ancient judges should be due to "feeling" to grasp the needs of the judicial officer "as soon as possible. "The judicial officer is also a need for multi level dynamic problems,in judicial officer Ke Shou occupation sentiment, manifested in the external aspects of generalized timeliness, but also relates to the handling of the procedural practice problem, thus forming the judicial justice, according to the requirements of the law accurately.Can be said that the judicial officer also love "as" is its responsibility, also should not work on love duty situation supervision, punishment and remedy. In the analysis on the connotation of "prison" and "emotion" and "try", after the relevant analysis of Huo Cunfu teacher and teacher Wei progenitor in their respective works,will enjoy the prison "was formed in the Chinese foundation of traditional culture, is a kind of guiding legislation, is a requirements of justice, is a response to the social order.First of all, it is a kind of guiding legislation, which requires the "law" and"emotion" balance; secondly,it is a requirement of justice,which is the regulation of handling behavior of judicial officers; finally,it is a response to the social order,promote social development in to love law at the same time.To understand the prison regulations and practice, the legislative and judicial perspective combined in the development of ancient law from the law to the statutes of law system, the relevant provisions of the prison is to use the specific judicial It is often seen., also emerge in an endless stream.Thus, also witness the ancient imperial civil society governance Chinese operation and operation and unified officer, gave birth to the reasonable use of the deceitful hook site ", and" detecting tactics "to" spit real words "judicial effect. To prison entity real value, Ming cautious punishment concern, feelings and the uniform judicial manner is a treasure of Chinese traditional law culture, the fruit of the poisonous tree compensation, judicial cognizance of the defendant character evidence and judicial judicial wisdom characterization are some historical progress, but also to recognize some of the inherent your prison is insufficient, such as the judicial officer selected on the use of specific methods There are various restrictions on the moderation and the impact of disaster effects.Now, when we talk about the concept of "thoroughly observing prison" in Chinese traditional judicial culture, we should not only stress the shackles of the dross in traditional legal culture, but also break through the limitations of traditional legal culture and dig into the traditional legal culture.Study on the traditional judicial culture to prison,although the judicial idea formed in the past, but through the "enjoy"feeling different, understanding the meaning of "prison", in essence can also be used for us today. We should see the ancient social justice and rationality by the prison wayof handling the case, analysis and application of the ancient judicial officer of the"feeling" is largely coincident with the psychology of modern people, can provide experience for the modern judicial.