Study On Evidence Of Litigation In Period Of The Spring And Autumn And The Warring States

For a long time, the research on Chinese ancient legal system mostly focuses on the systems after the Qin and Han dynasties; the study on Chinese ancient litigious evidence system also contrates on this time. The study about litigious evidence system is relatively less than the study of other legal systems. Especially, the articles and books of study on that of the Pre-Qin period is very few. Because after the Qin and Han dynasties, the legal data from historical documents and archaeological excavation are rich; but that is scarce, in the Pre-Qin period, because the year is remote. From decimal years recently, with more data about history of the Pre-Qin period being discoveried from the unearthed in archaeological excavation, there is a change on the research. By the means of the historical study, and with archaeological data and historical documents ,this article analyzes the development and evolution of litigious proof in period of the Spring and Autumn and the Warring States.Firstly, in period of the Spring and Autumn and the Warring States, there is material evidence, documentary evidence, testimony of witness, statements of the parties about the classification of evidence in proceedings. The spiritual evidence is also often used in the Spring and Autumn period, and it is not still disappeared in the Warring States period. In period of the Warring States, records of inspection is usually used in the judge, the similar nowadays, proof of experting the conclusions is also used.Secondly, in period of the Spring and Autumn and the Warring States, the collection and examination of evidence is important, primarily using the way of the "Five Listening to" distinguish the real or unreal about the proof. In the Warring States period, kinds of evidences is synthetically operated and forming some rules.Thirdly, combining with development of society and history, this article analyses the difference and indifference of litigious evidence in period of the Spring and Autumn and period of the Warring States. The indifference is mainly to use material evidence, documentary evidence, oral evidence and the way of the "Five Listening to" in judge in the Spring and Autumn period and the Warring States period. For the difference development of productivity and private ownership, and effect of the rest, the conspicuous distinction in litigious proof is that kin relationship system and ceremonial rites are important in activity of lawsuit in the Spring and Autumn period, but thepowers of states and the development of science and technology have a strong effect in the Warring States.Fourthly, this article uses the theory of procedural justice for reference, and analyses some constructive action and unconscionable and unscientific action in the juridical and evidence system in period of the Spring and Autumn and the Warring States.