| The phenomenon of blood revenge has existed since the beginning of human society.When entering the class society,the national law develops to a certain extent,and the centralized system is further strengthened,blood revenge cannot be tolerated by the national law.Since the Confucianism became the official philosophy in the Western Han Dynasty,and the ethics of ethics was regarded as the value of feudal society,the phenomenon of blood revenge has become the forefront of the conflict between etiquette and law.Today,as an excellent traditional culture,Confucianism has been inherited and carried forward,and the filial piety culture has also been inherited and carried forward.Therefore,in the construction of socialist rule of law,the study of blood revenge has practical significance.When we study the case of blood revenge,we should first make clear the act of blood revenge.First of all,through the analysis of the structure of the general blood revenge behavior,this paper combs the four elements of the blood revenge behavior,that is,the main body of the blood revenge behavior,the cause of the revenge,the means of revenge,the avenger,and profoundly expounds the interrelation and mutual influence between the four elements,and at the same time,it is clear that the blood revenge behavior studied in this paper is the illegal blood revenge behavior.After making clear what kind of blood revenge is to be studied,this paper analyzes the characteristics of blood revenge in different historical periods,based on the book“ The Complement of Zhe Yu Gui Jian” written by Hu Wenbing of Qing Dynasty.Through the way of case by case,this paper discusses in detail the characteristics and thoughts of the ruling class in dealing with the conflicts of etiquette and law in the blood revenge cases in four different historical periods: from the emperor of He in the Eastern Han Dynasty to the Western Jin Dynasty,from the Eastern Jin Dynasty to the southern and Northern dynasties,from Sui and Tang Dynasties to song and Qing Dynasties.In the Sui and Tang Dynasties,there was a wave of theoretical climax in the treatment of blood revenge cases.Many famous scholars interpreted their views around specific cases.In the middle and late period of the feudal society,from the Song Dynasty to the Qing Dynasty,the great controversy ended Afterthat,it shows a variety of handling ideas,and the ruling class has carried out a diversified processing period for the treatment of blood revenge cases.After analyzing the specific situation of blood revenge cases,this paper compares and analyzes the ten cases cited above,and obtains the overall characteristics of blood revenge cases in three aspects: the cause of revenge,the relationship between blood relatives and enemies,and whether to surrender.Taking history as a mirror,this paper analyzes the characteristics of the above ten cases in different historical periods and as a whole,and points out several relatively novel and reasonable ways to deal with the conflict of rites and laws in blood revenge cases.Facing the future,the last part of this paper mainly discusses the reference of blood revenge to the contemporary in the “ The Complement of Zhe Yu Gui Jian”,and points out the legal countermeasures we can take based on the difficulties of blood revenge in the new historical period.First of all,we should integrate filial piety into the law and improve the legislation,so that the treatment of blood revenge cases can be generally accepted by the majority of the people;second,we should take justice as the people,and promote judicial cases,so that the role of law education can be deeply rooted in the hearts of the people through the form of cases;finally,we should use a variety of means to carry out legal education activities,and clarify the relationship between filial piety and law in national education. |
PDF Full Text Request