A New Discrimination On The Influence Of "the Trial During Chun Qiu" On Legal System In Han Dynasty

“The trial during Chun Qiu”,And Study on it has an important reference for the law construction in our country.The current academic circles for the egal effect of "The trial during Chun Qiu” is mainly divided into two types,one is affirming its historical value,the other is criticizing its negative influence.So how to evaluate the impact of "The trial during Chun Qiu” on the legal system of the Han Dynasty? To make a fair and objective judgment on this issue,we must have a systematic grasp of "The trial during Chun Qiu”,such as the concept,the main basis,the main legal principles,the impact on the legal system of the Han Dynasty,as well as a full understanding of the reference significance of society with rule of law in our country.Firstly,"The trial during Chun Qiu” is also known as "cited by statute",refers to a way of trial,when there is no explicit legal provisions on the relevant facts,or legal machinery caused the trial result is obviously contrary to nature's justice and human feelings,the legal principles extracted by the judicial officials are based on the legal principles extracted from the Confucian classics such as “Chun Qiu”."The trial during Chun Qiu” is based on the Confucian classic masterpiece including "Shi","Shu","Li" "Yi" and "Chun Qiu".It is mainly due to "Chun Qiu" as the basis,so it is called "The trial during Chun Qiu”.It accorded with the need of strengthening central centralization in the era of Emperor Wu Emperor of the Han Dynasty,and so was highly praised by the rulers of the Han Dynasty.Causes of "The trial during Chun Qiu” can be summed up in three points.The first is the Confucianism becoming the guiding ideology of the Han Dynasty.The second is the system key figure Dong Zhongshu on adjudging the theory and practice of promoting.The third is to adapt to the needs of Yi Yu ZouYan system.Under the comprehensive effect of these three factors,it opened the historical process of the Confucian law of the Han Dynasty and had a profound influence on the legal system of the Han Dynasty.So,as the beginning of the Han Dynasty Confucian law,"The trial during Chun Qiu” must have its essence,and what are the commendable principles of law? Respecting and maintaining the royal power principles such as "crown princes shall not handle territory","the king of the world" and other legal principles,were in line with the the urgent need to strengthen the practical needs of centralization in the Han Dynasty period when the country facing domestic trouble and foreign invasion.Feudal ethical principles such as "concealment","woman without dictatorship" helped to maintain the ruling order of feudal society.The original heart conviction is the legal principle of conviction and sentencing on the basis of whether the subjective motive of the man is in conformity with the Confucian ethics.Other principles of law refer to the legal principles such as "evil and evil stop the body" and so on.t has been controversial in the academic world that the impact of "The trial during Chun Qiu” on the legal system of the Han Dynasty.In general,the evaluation of it is more negative than affirmation.The main characters that deny it are Zhu Hongcai,Chang Bao and so on.The main reason is "The trial during Chun Qiu” lead to imperial expansion,that may easily lead to judicial tyranny and injustice.The characters that affirm it are Lv Zhixing,Feng Zhiye and so on.The main reason is that it promotes the Confucianists of the Han law,and has the obvious rectifying and vacant effect on the imperfections of the Chinese law,making up the strict and rigid of the law of Han Law by the broad and gentle peace of the Confucianists.There are some partial points in the current academic views about the impact of "The trial during Chun Qiu” on the legal system of the Han Dynasty.We should look fair at the advantages and disadvantages of it,in the view of dialectical materialism.Objectively speaking,"The trial during Chun Qiu” is the beginning of the Han Dynasty Confucian law,and push it to the top.It helps to promote the combination of courtesies and laws.There was a complementary role to correct the Han law.And it promotes the development of the Han law.Of course,due to historical limitations,"The trial during Chun Qiu” also led to the judicial arbitrary doctrine and subserviency thought prevailed,that is not conducive to the realization of judicial justice and the Enlightenment of the legal thinking of the people.The overriding of Confucian law above law also destroys the seriousness and credibility of the Han law.Now our country is in a critical period of building a socialist society under the rule of law.It is necessary to learn experience and deficiency from "The trial during Chun Qiu".The ancients said: "with history as a mirror,you can gain and lose." From "The trial during Chun Qiu",we can learn that we should make up the shortage of socialist law by socialist morality.The legal principles of the relatives and relatives are included in the consideration of the legislation.We should standardize the exercise of the discretion of the judges and prevent the Judicature from being unauthorized.