Viewing The Concept Of Substantive Justice In Ancient Chinese Judicature From The Zhe Yu Gui Jian Bu

It is generally believed that the ancient Chinese judicial pursuit of substantive justice This paper mainly focuses on the "Breakfast Tortoise" as a research center.By summarizing 719 cases,the abstract concept of substantive justice in Chinese traditional legal culture is transformed into a concrete concept,that is,"conformity with love" "Peaceful interpretation" and "punishing evil and promoting goodness" are rational,appropriate,and dynamic,and can more clearly explore the path of ancient justice in pursuit of substantive justice.This paper attempts to base on the ancient legal culture,through the dynamic case analysis and the legal culture perspective of ancient substantive justice,to study the operation of the concept of judicial substantive justice in ancient China,and to explore the rule of law in modern China by exploring the true state of Chinese traditional legal order.To maintain judicial justice provides reference and reference value.First of all,the concept of substantive justice is an inevitable requirement for maintaining a satisfactory social order in ancient China.In the general sense,judicial officials are required to make judicial decisions in an ideal sense.It is necessary to ascertain the specific circumstances and specific circumstances of the case,that is,to seek truth."Listening to litigation,after "seeking truth",after litigation,it is necessary to convict according to law and integrate appropriate imprisonment forgiveness,that is,"moderate" imprisonment.In addition to legal considerations,judicial officials are required to use equitable techniques to make well outside the statutes.Balance,rational use of their own value evaluation thinking,between the "normal" and "change" "love" and "law",to achieve substantive justice at the level of case.Secondly,the author summarizes the concept of substantive justice in the case of "The Torture of Tortoises".This part is the focus of the text.The first level of the case is concise and clear,and the judiciary often punishes evil and promotes good value.Thinking-oriented,punishing evil and promoting good is the most intuitive and substantive justice.Therefore,it is necessary to use lenient to adjust the rigorousness,to use strictness to adjust the easing,to adapt to the temperament and at the same time,to use the role of confession,to abandon the rumors,and to have integrity.Through the punishment of the case and the promotion of good,the increase in "goodness" and the reduction of "evil" are achieved.The second level of the case belongs to its own legal acts involving other parties' interests.It is mainly manifested in defamation cases.It is a highly respected and praised by ancient society.It emphasizes that the truth of the case is clear,so the judicial officials are required to a greater extent.The lawsuit is strict,the prison is prudent,and the name of the sentence must be cautious.The third level of the case belongs to the case containing the "emotional" factor,which is mainly manifested in the case of loyalty and filial piety,and the ethics program often involves cases.Judicial officials often insist on the principle of matching love and sin.The case is relatively simple,especially when the "love" is expressed as filial piety,and it is lenient and compassionate.When the case is complicated and the "love" contains the interests of many people,in order to prevent the occurrence of the remedy,it is fair and fair.Allow straight.For the special issue of revenge,the statutes are not clearly defined,but the judicial officials are given discretion,and different cases are divided into filial piety and blind vendettas,weighing and weighing,to achieve the substantive justice of the case.Finally,in view of the ancient concept of substantive justice,I put forward my views,face up to its drawbacks,find its own suitability for society,find its essence,discover the judicial wisdom of the ancients,and regard human beings rather than legal tools.In terms of integration and multi-dimensional win-win rulings,the government is not only a passive law enforcer,but a discretionary and flexible alternative.It actively uses the rule of law to lead social progress,and achieves the effect of governing the world through experience and human affairs.It is worthy of full cooperation and in-depth exploration.