Comparative Study Of Bai Dao Pan And Tang Lv Shu Yi, Confucius Classics

The subject of this study is the"Bai Dao Pan"by BaiJuyi of Tang Dynasty, which is widely-spread historical data and of significant research value. It is a collection of initial draw-up verdict. Bai Juyi himself created Bai Dao Pan with the aim of enhancing his ability in the imperial examinations. Therefore, it was named Bai Dao Pan". Though it was the initial draw-up verdict, which had no lawful execution, it was still the application of statue law in everyday life. The research of the initial verdict is also the research of the"living law"in ancient China and of great significance. The research approach in this study is to find out the corresponding statements between"Bai Dao Pan"and"Tang Lv Shu Yi", Confucius classics, which are classified according to different standards and then further analysis of certain verdict or several verdicts, are made. On basis of which, the verdicts can be further comprehended so that the judgers, the lawful thinking of the judicial officials and the legal system and the social status at that time.The characteristics of can be defined from three aspects: first, it belongs to"Pian Pan"which is characterized by its flowery language, concise dictions, neat sentence structure and extensive quotation of classics. Second, it belongs to draw-up verdict from the authority, though it has no execution power, it is the judger's judgment to the specific case in accordance with the law. As a result, by the analysis of the draw-up verdict and the corresponding statements in law, the social status, legal system and the lawful procedures of the judgers can be understood. Third, as the representation of the second stage of verdict development of Tang Dynasty, there are relatively amount Confucius classics.The first part is the focus of the paper, making a research of the comparison between and"Bai Dao Pan"and subdivisions and general principle of"Tang Lv Shu Yi". 1. find out the corresponding statements between the"Tang Lv Shu Yi"and"Bai Dao Pan"and then make a list of the results in a table. These verdicts can be classified into three categories in accordance with certain standards: the first category is the verdicts in completely complying with the law of Tang dynasty and the sentences also matching the specific accusation (punishment included) in law. Secondly, there were some unclear cases in need of further investigation in order to find out whether the criminal was guilty and how they should be sentenced. Though these verdicts can match with the statements in the law, the judger stated in the judgment that the criminal was guilty, but failed to point out the specific sentence that they should get. Thirdly, there were also verdicts that were not in agreement with the law. They were not in complete with the statements in law, and the judgers made some alterations according to the actual situation. 2. Try to find out the corresponding statements in the general principle of"Tang Lv Shu Yi"according to the content of"Bai Dao Pan"and then make an analysis of the results.The second part made a comparative research on"Bai Dao Pan"and the Confucius classics. Try to find out the corresponding specific articles in the Confucius'classic based on the content of verdicts and make a list in the table. The corresponding situation can be classified into two kinds:The first one is the meanings of the classics, which refers that the judger drew up the sentences on basis of the meanings recorded in the classics for there was no definite statements in the law. Secondly, learn from the stories in the classics which refer to the cases themselves originated from the Confucius's classics and Bai Juyi has turned these into cases, made an analysis and formed the verdicts.The third part depicts three characteristics of"Bai Dao Pan". First, extensive quotation is one of the striking features. Lots of allusions are frequently adopted and it covers a large scale. As Cai Yikui once said,"seen from the verdicts made by Bai letian (literary name of BaiJuyi) , they are all in accordance with the laws and historical records, and clearly stated. Hong Jinglu pointed out that even the common scholars can not catch up with his ability."Secondly, from the perspective of structure, the views of the two parties are generalized and the reasons are further analyzed. And then further analysis are conducted from the actual situation so as to define the character, on base of which, the conclusion can be made. Thirdly, there are full of antitheses and imagery in the verdicts.