The Proof Of Litigation System In Pre-Qin And Qin And Han Dynasties Reflected In The Book Of Remarks

Litigation certification system is the basic system that litigant subjects follow when they carry out certification activities in litigation.The pre-Qin and Qin-Han periods are important periods for the development of our country's legal culture.The unearthed simplified texts such as "Zhangjiashan Han Tomb Bamboo Slips·Zou Zhe Shu" and other materials confirm this point and also show the rationality of the ancient litigation system in our country.The lawsuit proof system of the Pre-Qin and Qin and Han Dynasties reflected in “Zouyanshu”mainly includes the principle of case determination,form of evidence,proof method and proof mode.The cases recorded in the “Zouyanshu”include cases from the three periods of the pre-Qin,Qin and Han dynasties.These cases all reflect a common decision principle,that is,the principle of authentic litigation proof,which requires judicial officials to rely on the facts of the case.Make judgments on cases and use this as the basic principle to follow in handling cases.There were also various forms of evidence in the pre-Qin and Qin and Han dynasties.According to the classification of modern evidence law,it can be divided into accuser statement,defendant's confession and defense,witness testimony,documentary evidence,physical evidence,investigation experiment record,and investigation.The transcript reflects the prosperity of evidence culture during the pre-Qin and Qin and Han periods.Judicial officials in the pre-Qin and Qin and Han dynasties also showed a variety of proof methods in the process of handling cases.According to modern proof theory,the proof methods can be summarized into three types.The first is the proof method based on syllogism,which is to focus on an established legal rule.,And then focus on the specific case,and then turn back and forth between the two,and finally arrive at the judgment result;the second is the analogy method of proof,that is,a case that occurred later is the same or similar to a case that occurred before Facts,so the judgments of the two cases should also be consistent;the third is the presumption proof method,that is,inferring unknown facts based on the known facts in the case.The method of proof reflected in the case in“Zouyanshu” shows the extraordinary wisdom of ancient judicial officials in handling cases.The proof model in the pre-Qin and Qin and Han dynasties was a confirmed proof model,which required mutual support and mutual confirmation between evidence and evidence to achieve the purpose of accurately determining the facts of the case,and provided a solid cultural foundation for the establishment of the confirmed proof model in modern litigation.