Analysis On The Intervention Factors Of The Judicial Referee Of Vengeance Case

This article through to revenge and legal theory background and The Confucianist of law and private power of public power two macro process of combing,analysis the difference results by the judgement of the cases from the perspective of comparative analysis of revenge in the case of private relief in the process are showing the judicial discretion and the intervention factors.First,the origin,type,development stage of vengeance and the history of the development history of the value absorption and functional substitution of modern judicature to revenge are made.Secondly,the three typical cases of ancient and modern,Xu Yuanqing's case of The Confucianist of law under the background,the Jia Jinglong's case and Zhang Koukou's case under the modern judicial background of the mature stage of private power of public power,were analyzed and compared.The Jia Jinglong's case is a typical non blood ties revenge,Zhang Koukou's case and Xu Yuanqing's case are typical blood revenge cases,but the three has the same strong in the outcome of the trial and official discourse system,provides evidence of a powerful and clear for this case intervention in quest of revenge in judicial discretion factors.In the case analysis at the same time,respectively in the Confucianist of law process as the breakthrough of core logic framework of the Confucian classics in law were roughly in order,and to the private power of public power as the core concept of investigation,analysis of the impact of the intervention of revenge case presents in the modern judicial trial by the potential cost of governance factors,public opinion oriented factors,moral factors and special factors such as rural justice itself situation.It also focuses on the improvement of the rescue system of the victims of crime and the pertinence problems in the judicial management of the grass-roots villages in the period of social transformation in China,in order to put forward some constructive suggestions.