Study On Weng Fu's Judgment In Qing Ming Ji

This paper takes the judgments collected in Ming Gong Shu Judgment of Qingming Dynasty as the research object,analyses the social and judicial conditions of the Southern Song Dynasty reflected in the judgments,studies the principles and spirit of judicial trial embodied in the judgments,and finally explores the Neo-Confucianism and legal thoughts contained in the judgments.The introduction part mainly introduces the reason and significance of this topic.Weng Fu is the descendant of Zhu Xi's Neo-Confucianism.As one of the famous officials in the Southern Song Dynasty,Weng Fu can be regarded as the representative of the scholar-bureaucrat class in the Song Dynasty.There are 28 judgments in Qing Ming Ji.The predecessors have not studied these judgments systematically,and have not excavated the legal thoughts of Neo-Confucianism embodied in the judgments.The research significance of this topic.The second part introduces Weng Fu's judgment and its judgment,which reflected the prosperous commodity economy,fierce social contradictions and complicated family property disputes in the Southern Song Dynasty.It also analyses the judicial situation in the Southern Song Dynasty,which mainly includes numerous civil disputes,relatively perfect civil legislation,the prevalence of "vigorous litigation" and the emergence of professional controllers.The third part elaborates the principles and spirit of judicial trial embodied in Weng Fu's judgment,mainly from the following five aspects: maintaining the norms,ethical judgment,emphasizing practical effect,convenience to the people,emphasizing facts,rigorous management of prison,upper legitimacy,combining reasonableness with leniency and punishing his crimes;the fourth part elaborates the legal thoughts of Neo-Confucianism reflected in Weng Fu's judgment,and refines them according to the judgment.Human nature is good,punishment is based on the outlook of human nature and righteousness,while the outlook of righteousness and benefit and enlightenment are the first,followed by the outlook of morality and punishment,pursuit of non-litigation and active interest in litigation.Finally,the conclusion summarizes the whole article briefly.