Research On Adjudicating Cases In Line With The Spring And Autumn Annals During Western Han Dynasty By Discussing Representative Cases

During the Western Han Dynasty,it was a period of prosperity for Chinese Classical Confucianism.Dong Zhongshu is famous for his countermeasures,and his theory of the unification is exactly what the times need.Adjudicating on the basis of the Spring and Autumn Annalshe founded was an accessory of Confucianism.Adjudicating on the basis of the Spring and Autumn Annalswas was produced under the circumstance that Confucianism is becoming mainstream,and it has promoted the development of Confucianism and law.Dong Zhongshu pioneered a new mode of trial with his personal political and legal ideals.Dong Zhongshu's analysis of the case is based on facts to infer motivation,and then cites the Confucianism.However,other referees rarely use Dong Zhongshu's reasoning model when using the Confucianism to justice.The actual trial situation in the history books is quite different from the case written by Dong Zhongshu.Although the reasoning of the reasoning was not accepted by the judicial officials,the mode of imprisonment by the Confucianism has been passed down for a long time.Confucianism has a lofty position in the Han Dynasty.Officials that know Confucianism teach various subjects.Between the early years of the Western Han Dynasty and Emperor Wu,Han Dynasty experienced the change of legislative guiding ideology.However,due to the low legislative technique,the law was quite cumbersome,and there were cases of ethics and punishment.After Dong Zhongshu advocated the establishment of Taixue,the officials were mostly Confucian scholars,and they had the authority of administration,justice and education.Dong Zhongshu's theory of thought is extremely influential.Since the beginning of the Han Dynasty,the status of Confucianism has become higher and higher.Cases about adjudicating on the basis of the Spring and Autumn Annals can be divided into legacy cases and cases in history books.Six cases inhistory books have little controversy.The case of killing the husband for that he killed his mum also shuold be counted intothe cases in history books.The number of cases that in history books varies greatly depending on the source of the quoted Confucianism.There are three main differences between the legacy case and the case book in the history book.In terms of the degree of summarization and source of the case,the case of the remains is highly summarized,and it is a high-risk case in reality.The case in the history book is complicated and rare in social life.In terms of specific content,most of the remaining cases are ethical cases,and most of the cases in the history books are political cases.Reasonably speaking,the case of the remains is subject to Dong Zhongshu's theory.The case in the history book appears that the defendants say reasons,and the reason is arbitrary.These differences are basically caused by the different natures of the two books,adjudicating on the basis of the Spring and Autumn Annalsand the History Book.The referee in two types of cases is based on the Confucianism and the statute.Confucianism comes from the Five Classics.The statute law is rarely quoted in the case of the remains,and the case in the history book is basically not quoted.Judging from the judgment results,the judgments of all cases are subject to the Confucianism.Although the remaining cases have laws to follow,the applicable law will impact the public's concept,so the final judgment is based on the righteousness.Therefore,"Adjudicating on the basis of the Spring and Autumn Annals" has innovated the judicial model for grassroots trial guidance.On the other hand,there are ethical issues hidden behind the case,and the legislator cannot take into account all the circumstances.Therefore,at this time,the Confucianism played a balancing role,balancing the contradiction between statute and morality.The trial principle is always implemented in the case about adjudicating on the basis of the Spring and Autumn Annals.Convicting on subjective aspect is divided into two aspects: investigation facts and inference motivation.However,inferring motivation got more and more attention in the process of circulation.Dong Zhongshu's way of inferringmotivation is to analyze the motivation from the behavior.However,in the evaluation,there may be conflicts between theories,and the referee's subjective factors have a great influence.Therefore,it is unreasonable for some cases where the same reasons are not the same.Dong Zhongshu tried to compile the case to promote convicting on subjective aspect,in order to achieve the purpose of education,in order to change the spirit of the law.Dong Zhongshu's ideal model is subjective blame,which is a step further than the objective blame of the Qin Dynasty law,but there have been many false and wrong cases in practice.In terms of morality,although the customs have been improved,the law network has become too strict and the scope of legal adjustment has been too large.