The Development Of "Murder Not Been Convicted" In Legal Culture Vision

"Murder not been convicted" is a familiar saying among Chinese people.In ancient China,“murder not been convicted ”was actually a standard for punishment reduction,which played an important role in the improvement of ancient legal systems and social stability.Although the system of “killing against murder”is no longer applied with the disintegration of the Chinese legal system,it is used by idioms by later generations because of its particularity and far-reaching influence.According to the ancient and modern examples,the deprivation of the rights of others constitutes the crime of “homicide”,and “killing people for compensation” is a punishment for those who commit crimes of homicide.However,“murder not been convicted ”means a people who killed others will never been punished while in some special situation.On crime.Looking at the history of the development of Chinese ancient laws,the situation of applying “Murder not been convicted” can be divided into three categories: the first one is when the perpetrators conduct proper defense;the second one is the “killing” of the law enforcers when the “sinners refuse to arrest”.The third one category is the third person to carry out defensive.This dissertation studies the process of the origin and development of the theory of “murder not been convicted” in the perspective of the change of “killing against murdering”.Due to the differences in the times,the specific expressions and applications of the“murder not been convicted” system are also not be same.The change of the system embodies means the change of the legal culture.However,the nature of this change is to better maintain the feudal rule and consolidate the centralization of power.The change in the system of “murder not been convicted” is no exception.The jurisprudential basis and legal value of the theory of “murder not been convicted” can find some traces in the theory of right defense in modern criminal law.