| This paper takes the study of "law and literature" as approach,based on the unique cultural and historical significance of Feng Menglong and his works,especially the folk concept orientation reflected in his popular literature creation and the judicial record of the chronicle works.This paper chooses Feng Menglong’s vernacular Fiction "SAN YAN",Feng’s classical Chinese Literary Sketches and Chorographic Books of Shouning as research materials.From the static paper system to the dynamic judicial practice,this paper comprehensively studies the legal thoughts presented by Feng Menglong and his works,and reveals the folk legal thoughts in the late Ming dynasty.This paper does not evade some superstitious and conservative views of Feng Menglong’s legal thoughts based on the limitations of the times,so as to present a more comprehensive legal thoughts of Feng Menglong and explore its ancient and modern significance.First of all,to describe the legal world outlook based on the various arguments that are often conclusive in Feng Menglong’s text.This dissertation depicts his legal world outlook."Tianli" has become the core of this legal world outlook,which not only serves as a universal justice standard widely recognized by the public,but also personified as judges examining and regulating people’s actions in the dark to strengthen people’s belief in "Tianli".The concept of retribution punishment is an extension of "Tianli".“Good is rewarded with good and evil with evil” is the concentrated expression of the retribution punishment concept,which realizes the universal justice in the hearts of the people at that time by personifying the "Tianli" and authorizing law enforcement.The occurrence of revenge events in Feng Menglong’s text reflects the individual’s questioning of the "Tianli" legal world outlook and his resistance to the injustice of the real justice.Although Feng Menglong’s legal world outlook has strong naturalistic features and ethical features,it guides people to realize their own limitations and at the same time submits to the national will represented by the law.Secondly,starting with the judicial concepts presented in Feng Menglong’s works,aiming at the objective judicial background of the time when torture is prevalent,Feng Menglong criticized many judicial malpractices of torture and forced confessions.Facing the prevailing environment of "disputatiousness" and "litigiosity",Feng Menglong advocated "Unreasonable litigation disputes should be stopped and resolved" from the perspectives of the characteristics of litigation as a third-party discretion mechanism,litigation risk analysis,and the criminal prison involved in litigation.In terms of classified cases,Feng Menglong’s works present the concept of legal applications,support for the freedom of marriage that to conforms to human relationships,and the choice between entanglement of reason and law.A comprehensive review of Feng Menglong’s judicial philosophy reveals the maintenance of ethics and social order."Shouning Daizhi" records Feng Menglong’s judicial practice in Shouning County in his later years.It is the verification of Feng Menglong’s legal thought from textual discussion to judicial practice,and it is also the summary of his lifelong legal thought.Feng Menglong analyzed the judicial environment in remote mountainous areas in late Ming dynasty from the aspects of people’s understanding,characteristics of the people,judicial authentication procedures and local judicial habits,etc.,in view of the current situation of "poor and frugal people" in Shouning County.At the level of legal governance,he adopted the method of combining legal popularization and moral education.And carry out comprehensive trial of evidence and evidence collection for various types of cases,follow-up judicial protection exploration of case trial results.The contrast between the tremendous discretionary space in these cases and the general impoverished of ancient officials’ legal thoughts has increasingly revealed the value of Feng Menglong’s legal thoughts.Finally,this dissertation holds that the restoration of ethical relations and care for human beings are the essence of Feng Menglong’s legal thoughts.This article also discusses the practical significance of Feng Menglong’s legal thoughts from the perspectives of the cultural origin of law,popularization of law,law and power. |
