Discuss The Basis Of Ancient Judicial Judgment

Often in ancient China legal entity to the affection,opinion and method as a case,"love" and "rationality" of a variety of expression in the process of trial,in different time and link often plays a different role,"love","reason" has different meaning in different context and content,also in accordance with the specific conditions in the process of legal reasoning plays a different role.This paper takes "ren yu lie bian" as the research object,combines the cases in "zhe yu gui jian" and "ming gong shu pan qing ming ji",analyzes the content with the words "feeling" and "reason",and then analyzes the meaning of "reason" and "law"(that is,"law meaning")and the role in the process of legal reasoning.The reason and jurisprudence as the basis of case judgment are closely related to the traditional Chinese jurisprudence,and there is no contradiction between the "certainty" of reason,jurisprudence and law.The study on the basis of ancient judicial judgment will also help us to understand the traditional Chinese jurisprudence.This paper is divided into six parts.The first part,introduction.This paper introduces the main research objects,such as ren yu ke bian,as well as the topic selection,research objectives and research methods,sorts out the research status at home and abroad,briefly expounds the theoretical significance and practical value of the research,and on this basis expounds the research innovation of the topic.The second part introduces the meaning of "love" in ancient judicial cases,analyzes the meaning of "love" through semantic analysis,and analyzes the role and significance of "love" in judicial trials combining with specific cases,and analyzes other distinctive expressions of "love" one by one.The third part,introduce the "truth" in the ancient meaning of judicial judgment,through semantic analysis,analysis of the meaning of "rationality",and combined with the specific case analysis function and meaning of "love" in the judicial trial,will contain the word for "" other expressions,for example " common sense ","justice" is also one by one for analysis.The fourth part discusses the "common sense" in ancient judicial cases.Starting from the meaning of "common sense",this paper analyzes the connotation of "common sense",reveals the influence of "common sense" on case judgment,and analyzes the meaning and value of "common sense" in case judgment.Explore how legal reasoning is carried out in cases containing "common sense".Based on the theory of syllogism and toulmin model,a complete legal reasoning process is presented in combination with specific cases,so as to clearly and distinctly see the position and role of "common sense" in the whole judicial reasoning process.The fifth part discusses the "jurisprudence" in ancient judicial cases.This paper analyzes the connotation of "jurisprudence" from the meaning and existence form of "jurisprudence",reveals the relationship between "jurisprudence" and law,and analyzes how "jurisprudence" serves as the basis of case judgment.Analysis of how legal reasoning is carried out in cases involving "jurisprudence".Based on the theory of syllogism and toulmin model,a complete process of legal reasoning is presented in combination with specific cases,so as to see the role of "jurisprudence".In the sixth part,the author summarizes the content of the foregoing analysis and makes an overall analysis and evaluation of the basis of the ancient judicial cases.First of all,from the perspective of the basis of the case,this paper analyzes the relationship between emotion,reason and law,and discusses the opposition and fusion between "reason" and law.Secondly,in the case of insufficient attention to traditional jurisprudence,this paper analyzes the significance of ancient judicial cases to China's traditional jurisprudence,and then studies the important role of traditional jurisprudence in today's legal construction.