The Transition And Practice Of "Emotional Law" In The Shaanxi-Gansu-Ningxia Border Region During The Anti-Japanese Wa

The "Divine Principle","State Law",and "human feelings"originated from the judicial requirements of traditional prison adjudication in China,and are not only important elements of our traditional legal culture,but also an important foundation for the construction of traditional law.They are not only an important part of our traditional legal culture,but also an important foundation for the construction of traditional law.The interrelationship of the three "trinity"constitutes the core proposition of ancient Chinese jurisprudence.This unique Chinese legal thought has been passed down through the centuries,combined with the actual social conditions of each era,and constantly extended and updated in content,thus extending and perpetuating.In modern times,in the red territory of Shaanxi-Gansu-Ningxia Revolutionary Region,the "Qing-Li-Fa" was based on the actual situation of the border area,fused with the revolutionary culture of the proletariat,practiced in the judicial activities of the border area,and transformed in its ideological connotation.This paper takes this as an entry point to explore the absorption and innovation of the traditional "Qing-Li-Fa" in the construction of the rule of law in the border area,which can provide a historical mirror while carrying forward the revolutionary tradition.In the introductory part of this paper,we explain the background and significance of the topic and introduce relevant research developments and methods,and clarify the relevant materials and research directions,i.e.,to study the practice and transformation of traditional "Qing-Li-Fa"in the Shaanxi-Gansu-Ningxia Revolutionary Region around the judicial archives of the Shaanxi-Gansu-Ningxia Revolutionary Region,and to limit the scope of the important concepts used in this paper.The first chapter introduces an overview of the traditional Chinese thought of "Qing-Li-Fa".It begins with the implications of the traditional ideas of "Qing","Li",and "Fa" are initially explained and structurally sorted out.Then the logical structure of the "trinity" among the three is discussed,and the balance between them is emphasized.Then,we introduce the application of the idea of "Qing-Li-Fa" in traditional justice through several ancient cases,and analyze how it balances legal reason and emotion.The second chapter introduces the inheritance of the "Qing-Li-Fa" in the Shaanxi-Gansu-Ningxia Revolutionary Region.This chapter explores the causes and backgrounds of the practice and transformation of the"Qing-Li-Fa" in the Shaanxi-Gansu-Ningxia Revolutionary Region from the natural and social environments as well as the emotional factors in the thinking and practice of judicial cadres in the border area.It also describes the absorption and continuation of the traditional "Qing-Li-Fa"in the border areas from three different perspectives:customs and habits,the genealogy of case adjudication and comprehensive justice.The third chapter introduces the specific manifestation of the"Qing-Li-Fa" in the judicial practice of the Shaanxi-Gansu-Ningxia Revolutionary Region.Based on a number of cases,this chapter analyzes the combination of law,policy,and specific "realities" in criminal trials;in civil trials,it analyzes the application of policy and philosophy in resolving disputes and conflicts over land,marriage,and property,based on the basic principles of civil litigation and the social environment of the border areas.In the area of mediation and reconciliation,we analyze how to deal with the increasing number of civil disputes by taking the mass route from two perspectives:criminal reconciliation and civil mediation.The fourth chapter focuses on the turnaround and transcendence of the "Qing-Li-Fa" in the Shaanxi-Gansu-Ningxia Revolutionary Region.This chapter draws conclusions based on the above analysis.The "Li" in the Shaanxi-Gansu-Ningxia Revolutionary Region is centered on collectivism and involves the concepts of fairness and justice;the "Qing"in the Shaanxi-Gansu-Ningxia Revolutionary Region is centered on the people,adhering to the line of the masses,doing one’s own best,seeking the truth,and using the original situation,and facilitating the administration of justice for the people;the "Fa" in the Shaanxi-Gansu-Ningxia Revolutionary Region is based on judicial practice,focusing on social governance,the implementation of comprehensive justice and creative justice,the combination of trial and mediation to achieve the unity of social and legal effects.The fifth chapter introduces some experiences and revelations in the process of turning and practicing "Qing-Li-Fa" in the Shaanxi-Gansu-Ningxia Revolutionary Region.It includes the practical promotion of social and moral governance,the provision of diversified dispute resolution mechanisms,and the legal replanting of the"Qing-Li-Fa" as a local resource.