On The Transcendental Basis Of Benevolent Administration Of Justice And Its Historical Value

It can be said that benevolent administration of justice is the tenet of traditional Chinese justice.In addition to the Confucian idea of benevolent government,the concept,system and practice of benevolent administration of justice have also been under influenced of transcendental cultural notions of the ancients.Firstly,the theory of Heaven-Mankind Interaction promoted the transformation of the concept of state governance and the judicial concept of judicial officials;the prevailing mind of accumulating hidden virtue through judicial trials among judicial officers started in the middle of the Western Han Dynasty also served to counteract the negative impact of cruel officials’ judicature and change the judicial concept of civil officers;the imagination of justice of ghosts and gods also had the effect of stimulating the concept of benevolent administration of justice for those judicial officials who believed in real existence of ghosts and gods.Secondly,the establishment and improvement of some legal systems without lack of intention of benevolent administration of justice,such as the system of judicial season,recording prisoners and forgiveness,were also closely related to the theory of Heaven-Mankind Interaction.Finally,in terms of judicial practice,the theory of Heaven-Mankind Interaction created a political discourse between the emperor and his ministers,which might ensure the implementation of benevolent administration of justice among them;after the Western Han Dynasty,the value of procedural benevolence was outstanding in the mind of accumulating hidden virtue through judicial trials among judicial officers,which contributed to the summary of judicial experience fulled with meaning of benevolent administration of justice;besides,it also plays an independent role in the construction of professional ethics among petty officers and legal advisors by spreading the mind of accumulating hidden virtue through judicial trials,which might guarantee the actualization of benevolent administration of justice among judicial officialdom;the imagination of justice of ghosts and gods also provided a technical facility for judicial officials to investigate facts and diminish litigation.Although the theory of Heaven-Mankind Interaction,the idea of accumulating hidden virtue through judicial trials and the imagination of justice of ghosts and gods originated from the ancients’ belief or identification of the supernatural power,each of them had its own relatively independent theoretical and historical originals and different opportunities introduced into the judicial field.Therefore,in order to accurately evaluate their concrete role promoted benevolent administration of justice,the research method should be based on historical analysis and pay attention to the change of political environment,institutional context and cultural background.As for the value of the study,on the one hand,it is conducive to deepening the knowledge and understanding;on the other hand,it can also provide a historical reference for some contemporary issues,especially for the comprehensive and effective implementation of the basic principles of protection of human rights and the fundamental purpose of justice for people.