The Judgment Style Of "Zhe Yu Xin Yu" And Its Modern Significance

After years of improvement,China’s judicial documents have formed a relatively complete and mature fixed format,but this formulaic format is not perfect.With the gradual awakening and strengthening of the public’s awareness of the rule of law,as well as the online publication of judicial documents,higher requirements are put forward for the judicial documents.In China’s thousands of years of history,there has been the existence of judicial documents,the earliest rudiment of which can be traced back to the Shang and Zhou dynasties,and its development history can be described as a long history.Each dynasty’s judgment has its own characteristics and advantages and disadvantages,which is worthy of our in-depth study.If there are disputes about the writing method of judicial documents and the reform road is blocked,it is beneficial to refer to ancient judicial documents.The special collection of verdict,“Zhe Yu Xin Yu”,was written in the early Qing Dynasty.It records the civil and criminal cases that the author Li Qing sentenced when he was a pushing official of Ningbo Government at the end of Ming Dynasty.It truthfully records the factual situation of Li Qing’s trial cases when he was in office.This book is rich in content and fair in adjudication.It is also one of the rare complete Ming Dynasty verdict Monographs in China.Through the study of the style of the judgment recorded in the new words of the prison,this paper compares it with the modern judicial documents,and then raises some thoughts on the reform of the contemporary judicial documents.This paper mainly adopts the methods of text analysis and comparison,and quotes the original judgment of“Zhe Yu Xin Yu”for in-depth study.This article mainly elaborates the writing style,argumentation style,comparison with the contemporary judicial documents and Enlightenment of the verdict of “Zhe Yu Xin Yu”.The first part of the article introduces the written background of“Zhe Yu Xin Yu”.Starting from the political,economic and cultural background,the paper elaborates the background of the case recorded in the book,analyzes the dark politics,developed economy and quite mature cultural background in the late Ming Dynasty,and explains the reasons for the formation of the judgment style of the novel.The next part focuses on the writing style of the judgment in“Zhe Yu Xin Yu”.The writing style of the judgment in the book is outstanding in its literary talent,the combination of parallelism and prose,and good at using rhetorical devices.These characteristics make the judgment easier to be deeply rooted in the hearts of the people,and achieve the social effect of educating and stopping disputes.The third part expounds the argumentation style of the verdict in“Zhe Yu Xin Yu”.This part starts from the perspective of judicial syllogism,and demonstrates the style characteristics of constructing minor premise,constructing major premise and trial style in judgment respectively.The main elements of the minor premise of the judgment are clear legal facts,which require the case to have sufficient evidence and reasonable logic.Secondly,the construction of the major premise in the judgment,that is,the basis of the judicial trial can be both reasonable and legal,and the law of the Ming Dynasty was not developed enough to cover all social relations.Therefore,Li Qing adopted the argumentation standard of "the sentiment is precious to deduce the origin,the reasonable basis,and the law should be determined",so that the construction of the major premise can be both reasonable and legal.In the part of trial style,it sums up the trial style of the judgment.Li Qing’s legal thought in the judgment includes the two points of compassionate punishment,cautious killing and Enlightenment of interest.In the fourth part,the author compares the judgment style of the novel and the contemporary judicial documents,compares the writing features and trial styles,and concludes that the contemporary judicial documents have such problems as dull writing,unclear reasoning and legal centralism,so as to improve the writing methods of judgment documents,strengthen the writing ability of judges,and improve the specialty In addition,it is also necessary to put an end to the "document centered" thinking,and to "put an end to the judgment process" and "to put an end to the judgment process" and "to put an end to the document,to provide a more reasonable basis for the judgment";and "to put an end to the judicial process,to put an end to the legal process".