The Research On Bao Zheng Judicial Thought

Bao Zheng, who is also called Xiren is Luzhou (Anhui Hefei today) people of Northern Song Dynasty, is one of North Song Dynasty of famous politicians. Bao Zheng was a ruthless man and a good judge . For centuries,his trial story has already been known to all of women and children. This article discusses from five aspects:The origin of judicial thought of Bao Zheng ; Bao Zheng's litigation thinking ; Bao Zheng's trial thinking ; Penalty Thought of Bao Zheng ; Evaluation of Bao Zheng's judicial ideology and its impact on future generations . Bao Zheng's legal thought is from Confucius, of course, it is the unity of Confucianism and Legalism. The courage to picket any unscrupulous officials ; Persuaded the emperor to abolish salt tea prohibiting system reflects Bao Zheng's "loyalty to the emperor," "people oriented" ideas. Bao Zheng claimed the laws should be "conducive to the country and the people, durable and practicable" and advocate "honest and fair " person as a justice of the Officials. When he was an official in Kaifeng, he cancel "numbers Division" system, get rid of the lawsuit transmitting link, open the door of the house, people can complain directly to the lobby. Bao Zheng had repeatedly written to do away with"pleading for mercy for smb" which disturb the course of justice . When he was a local official, he enforced the law without fear of high dignitaries, and attach importance to deal with cases of evidence collection and investigation of the case. Bao Zheng has superb trial wisdom and attached great importance to make a thorough inquiry of criminal's psychology and explore the use of legal technology. All of these show his strong ability of insight and analysis of the case. Bao Zheng advocated for lenient penalties, "countries with good fashion do not apply severe penalties", He believes there should not be cruel and inhuman punishment in the law. One hand, he advocated that for people who's offense is not very serious should be given chance of rehabilitation, on the other hand ,he stands for "extra-heavy punishment to warn corruption" Advocate with the severe penalty imposed on corruption. For thousands of years, Bao Zheng's trial story spread to the present, renowned at home and abroad. In addition,we should have dialectical evaluation when we study his good ideas seriously, because Bao Zheng is a historical figure.