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A Study On The Influence Of The Concept Of Ghosts Of Judicial Officials On Their Judgment Cases In "Zi Bu Yu"

Posted on:2018-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:K K ChenFull Text:PDF
GTID:2346330515471775Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In this paper,the Qing Dynasty officials Yuan Mei's "Zi bu yu" as an example,through the analysis of the story described in the article,first introduced the judicial officials of the gods of transcendental power worship and judicial officials on the image of spirits.In the hearts of the people,the spirits can bless the people in good mood,but also punish the wicked who can not be punished by the law,and constantly supervise the impartiality of the judicial officials,and help the judicial officials to obtain the key information and evidence of the case;Image of ghost shapes Yuan Mei pictured in the book,such as the City God?Yama?The Messengers and so on,it is through the book described by the spirits of the transcendental power and the different images of these spirits to bring people different sensory experience,lead to judicial officials The idea of spirits or reverence or suspicion of reservations.The second part introduces all aspects of different idea influence judicial officials to judge the case,from the judgment thinking,because judicial officials unable to restore the real situation of the case,can not meet the objective reality caused by the fact that difficulties appear otherworldly factors,ease the dilemma.Because of the general belief in ghosts and gods,judicial officials in accordance with the principle of freedom of evidence,the use of ghosts and gods not only to find the key evidence of evidence,but also to restore the people can be recognized by the legal reality;The third part introduces the influence of spirits and ghosts on the reasoning cases of judicial officials.Judicial officials show the diversified characteristics of reasoning under the influence of spirits.From the original thinking to the empirical thinking to the logical thinking,the empirical thinking is the most common of the judicial officials A way of thinking.Because of the limitations of people 's understanding,the truth is concealed,the idea of ghosts and gods as a process of judicial proof of irrational proof of the means to help the judiciary as soon as possible to find the key evidence and find the truth;The last part introduces the influence of ghosts and gods concept on the determination of specific facts by the judiciary.Judicial officials use the rule of thumb to make the first judgment of the case,and then the specific facts of the case,obtain the confession of the parties,identify the authenticity of the evidence,draw the initial referee results.By studying the influence of spirits and ghosts on the trial cases of the judicial officials,this article can help to outline the general outline of the judicial model and the standard of judicial justice in the hearts of the people,but also reveal the concept of spirits in the legal culture Status,after all,the formation of social order is not supported by the national laws alone,a variety of spontaneous social norms are their own order can not be ignored.
Keywords/Search Tags:View of Spirits, Spirits image, Irrational proof method, Fact finding
PDF Full Text Request
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