Research On Emotion And Reason In Ancient Chinese Judgment

This article mainly starts with materials such as the selection of ancient stories of prison cases,and uses ancient Chinese judicial precedents as the starting point to explore the rational factors in ancient Chinese judicial judgments through a combination of "sensibility" and "cases".This article is mainly divided into four Sections.The first part of this article is an overview of "love","reason" and "emotional reason" in ancient Chinese society.From the studies of many scholars,it can be summarized that there are three main meanings of "feeling" : the first is human's natural feelings and emotions;the second is the public sentiment and popular sentiment;the third is the case and factual plot."Reason" can also be summarized into three meanings: the first is the fundamental truth of things and its own laws;the second is the heavenly truth;the third is the principles and principles widely recognized by people.The meaning of "love and reason" is very broad.It contains all the meanings of "love" and "reason"."Love and reason" and "law" are essentially harmonious and consistent.The "law" in ancient times was usually called the "national law",which fully reflected the will of the ruling class and was the code of conduct that ordinary people must abide by.It was also called the "king of law".The "national law" is an order directly issued by the ancient emperor or formulated by the imperial court and government,etc.It is a decree that the people must obey.The internal logic of Chinese traditional legal culture is-harmony,reason and law.The combination of "love","reason" and "law" is the ideal state that China's ancient justice always pursued.The third part of this article is to explore the reasons why reason is widely used in ancient Chinese judicial judgments.Reasons are widely used in ancient Chinese judicial judgments for three reasons: one is the ideological reasons.The ancient judicial officials were deeply influenced by the traditional Confucian ideas.Confucianism advocated the concept of "human relations".The "human relations" thinking made the judicial officials often "educate" both parties and hoped that they could eventually "non-litigation" and "sue".In addition,the thought of "benevolence" and Confucian classics will also lead to reasonable judgment.The reason factor and the content of Confucian traditional thought are similar.The ancient judicial officials' way of adjudication and reasoning is just influenced by the traditional Confucian thought;the second is the reason of litigation.The unique litigation method in ancient China,the parent officerlitigation,caused the ancient judicial officer to fully consider and analyze the case with reason in the judgment,and resolve the dispute between the two parties in the same way as the conflict between their children.The parties can accept and convince;the third is the reason for the trial technology.In ancient China,the legislative technology was limited,and the gaps in legislation and the laws that could not solve the actual problems occurred from time to time.When the judges tried the cases,they must analyze the entire case,use it flexibly,and use the reason to make up for the lack of legislative technology.In addition,due to the shortage of ancient judicial resources and the backwardness of judicial technical means,ancient judicial officials often used reason,wisdom,and experience to decide cases.Such a trial method is very reasonable.The last part of this article discusses the contemporary significance of ancient justice.This part includes both positive significance and negative influence.Reason is the essence of traditional Chinese legal culture.The role it played in the 5,000-year history of China cannot be underestimated.It has also had a profound impact on China's contemporary rule of law.In contemporary social life,rational factors still play a role in various forms,throughout the entire process of judicial adjudication,and even subtlely affect the results of judicial adjudication.Reason and reason is a double-edged sword for the construction of the rule of law in China.The rational use of reason and reason in judicial practice is conducive to making up for legislative deficiencies,nurturing legal beliefs,and conducive to the settlement of disputes.If used improperly,it will damage judicial authority and seriously affect judicial independence.Therefore,in the process of judicial adjudication,judges should consider the overall situation,find the balance between reason and law,combine reason and law,and realize the harmonious unification of the two to promote the steady development of socialist rule of law.