The Ethical Analysis On Traditional Litigation System Of China

The litigation system, as part of legal system, includes wide range ofcontents and has a root of long history. With the development ofconfucialization of law, the ethical features of traditional litigation system ofChina become prominent gradually. It is the primary aim of this treatise tryingto make use of its ethical elements while overcome its inhumanity, so as tobenefit for today's life. This article consists five chapters, which include:Chapter one briefs the course of confucialization of ancient legal systemof China. In this course the ethical features of law become highlighted. Itsummarizes the ethical thought in traditional legal system of China bygeneralization and analysis of ethics of morality, patriarchy, and privilege anddraws a conclusion that the ethical thoughts and ethical spirit had gonethrough the course of confucialization of legal system like a red line.Chapter two deals with the ethical dimension in filing an action. Forexample, the provisions in ancient law of China, like limitation of litigants, thetime limit, embodied ethical spirits and full leniency and humanity. Limitationof litigants is further divided by relatives, lineage, age and political status.Chapter three concerns the ethical mediation in the trial. It makes anethical analysis of evidence system, interrogation system and judgment systemin the trial. The ethical connotation was met by maintaining feudal social stratum privilege, fulfilling the thought of rule of patriarchal clan andConfucian meticulousness of penalty; the ethical thoughts in judicial systemwere reflected in the humanity in interrogation restriction and punishment ofviolation of humanity and justice in inquisition by torture. The ethical spirit injudgment system was expressed by"liaison judgment".The ethical pursuit included in chapter four is elucidated in two respects,which are the distribution of penalty and the execution of penalty. Theprinciples like the relaxation of penalty, the abolishment of physicalpunishment, double check of death penalty and execution in autumn are allimbrued with the thought of"meticulousness of penalty"and"benevolentgovernance."The ethical consideration in prison administration was discussedin ethical spirits from the perspectives of mercy of prisoner and review ofprisoner.Chapter five talks about the revelation to modern time of ethical thoughtin traditional litigation system of China. The traditional legal system may havepositive influence to the construction of rule-of-law of China, especially thepeople-base thought may provide some inferences to the ideology of peoplebasedenforce of law. However, the ethics embodied in ancient law of Chinalikethe ethics of penalty-also contains some bad elements, which conflict withsome values promoted in modern society and need to be removed.