The Qing Dynasty Refuted The Reasonable Discourse In The Sentencing

As the saying goes,"The law is based on human kindness",it is not uncommon to see reasonable factors influencing the outcome of adjudication in ancient China.In the Qing Dynasty,rational discourse has become the basic principle and inner spirit of Chinese traditional judicial practice."Compilation of Refutation Cases" mainly included some serious cases in the Qianlong Dynasty,among which the fighting cases embodied the common sense discourse with universal value in the local and central refuting.Based on the opinions of the local governor,the central Criminal Department and the emperor before and after the trial of 72 fighting cases included "Compilation of Refutation Cases",this paper combines the relevant definition of fighting and the relevant laws and regulations of fighting in the Qing Dynasty.Specific analysis of the judicial organs for different identities of parties before and after the retrial of the specific case,citing the law,considering the case and other specific judgment basis of the specific case,"Balancing Emotion and Law" is the value of the Qing Dynasty judicial pursuit,the law of love includes the specific case,the common sense of human relations,social common conditions,the prevailing laws,etc.,generally speaking,"nature,the law of the state,human rights".It is found that the reasonable discourse of judicial officials in the case closely related to the political system,small-scale peasant economy and commodity economy,social customs and so on in the Qing Dynasty through analysis.In order to stabilize the ruled and consolidate their own ruling order,a large number of reasonable words are used in the judgment and reasoning to appease and suppress the people.Finally,we further thought about the advantages and disadvantages of reasonable judgment in the Qing Dynasty,criticized inheritance is our proper attitude towards history,continued the modern value contained in reasonable discourse,actively practiced the supreme legal opinion in the interpretation of legal reasoning to pursue "both emotional and legal",made the public from the heart to identify with the legal and rational,and combined the positive factors in the ancient common sense with the modern rule of law.It provides some reference for Chinese contemporary legal construction.