Judging The Spirit Of Citizens In The Southern Song Dynasty From The "Ming Gong Shu Judges Qingmingji"

The "Ming Gong Shu judges Qingmingji" is a judicial case of the famous Southern Song Dynasty.One of the concrete and vivid cases judged by the Ming and Gong Dynasties carried the judicial spirit of the Ming Dynasty and reflected the names of the famous men.The pursuit of justice value,presenting the principles of judicial activities,judicial ideas,judicial attitudes,judicial methods,and judicial work styles are important texts for the study of Chinese traditional judicial culture centering on the Confucian ethics law.The traditional Chinese judicial culture is guided by the Confucian ethics law and pursues the principle of "treating the principal with the criminal and the courtesy,courtesy and courtesy." It is still benevolent and charitable.It pays attention to the maintenance of the Five Principles,and pays attention to the establishment of public order and good customs.Since the combination of Confucianism and law in the Han dynasty,judiciary officials have often focused on bringing together heavenly principles,human feelings,and national law to pursue civil litigation in judicial values in civil cases concerning civil disputes involving the family's family traditions,family production and life-related disputes.In the purpose of judiciary,it aims to maintain social ethics,public morals,public order,social harmony,and interpersonal relationships;in the judicial aspect,it focuses on mediation and litigation;on the judicial style,it emphasizes honesty,fairness,justice,and civil service,and so on..The book "Ming Gong Shu judges Qingmingji" recorded various cases handled by famous Southern Song Dynasty men and women.The judgment of a civil case was not only an important document for understanding and understanding the judicial spirit of the citizens of the Southern Song Dynasty,but3 also opened a door for us.The window of understanding traditional Chinese civil judicial spirit from the empirical level.This article is based on the book "Ming Gong Shu judges Qingmingji"(hereinafter referred to as the "Ching Ming Ji" Zhonghua Book Company 1987edition).Through summarizing and researching all the cases of the book,it has summarized five of the Southern Song Dynasty's civil trial judgment spirits.Level.The first one is the principle of trial of public litigation and final litigation in the Southern Song Dynasty.This principle is an important indicator for the assessment officials in the Southern Song Dynasty.It is also an important means for the public to maintain the stability of society.In ancient times,the virtue-based Based on ethics and education,we will educate the people,achieve litigation and the purpose of final litigation.The second is the combination of mediation and trial.Since the Southern Song Dynasty,Ming Gong started from the principle of “relying on people's interests and litigation”,he used a combination of priority mediation and timely trial to hear the case,and he “teachers humanity” to the parties so that he can perceive heavenly principles.In the process of civilisation,Dagong used civil affairs and neighborhoods to mediate parties from various angles.Only when the mediation was actually invalid,would the case be judged in a timely manner.Thirdly,the judging idea of ??the mixed use of the sentiment method,Dong Zhongshu of the Han Dynasty brought Confucianism into the legal system,confluence of Confucianism and Confucianism,and the Song Dynasty Confucian ethics and ethics had been merged with the law to distinguish between right and wrong.Therefore,in the trial,heaven and earth were right.Humanity has also become the basis for changing the law and self-judgment.In the judiciary,the law is considered first,and immorality is more serious than illegality.The fourth is the attitude of trial in a free trial,and the penalization of civil cases is the normal state of handling cases in the ancient China since the Han Dynasty.In the trial activities of the famous Southern Song Dynasty,there were few uniform standards for the application of the penalty,which made the civil case appear discretionary.In the case of the Southern Song dynasty's famous public figures,in some cases,their own prejudices were brought into the case,and arbitrary use of the penalty,regardless of the law,was a common phenomenon.However,during the handling of the case,the Ming dynasty has been scrutinizing the case carefully and trying to be fair.The application of the penalties in the civil judgment of the Nansong famous public is usually more prudent.Fifth,the diligent and honest trial style.In theSouthern Song Dynasty,the famous public officials usually conduct self-examination and conduct routine investigations.They will meticulously review cases and even investigate the case personally,thereby ensuring the fairness of the case to a greater extent.