The Judicial Application Of "the Five Degrees Of Mourning Clothing System" In The Jin Dynasty Period

The system of mourning is historic. At first it expresses mourns for the dead relatives with sadness and admiration. Then Zhou dynasty rulers contacted it with Patriarchal system, and injected"Zunzun"into it. Because of Confucian praising highly and completing, at the period of Chunqiu, the system of mourning had gone up to the level of decorums. Eventually, the book of Yili·Sangfu had formatted. With the further development of decorums ,"the five degrees of mouring clothing system"had became customization. This paper bases on the extant historical of the period of Jin, arranging the judicial application of"the five degrees of mourning clothing system"in Jin around infringe of relatives , relatives collective punishment, relatives conceal, and Ba Yi .This paper aims to fully understand and grasp the essence of"the five degrees of mourning clothing system".The article is divided into four parts. In the first part, it introduces the meaning of"the five degrees of mourning clothing system".It includes two meanings: firstly it demonstrates this principle in the sentencing rules of the specific operation, and secondly, with deep analysis of its value, I summarized three parts:"the five degrees of mourning clothing system"reflects the hierarchy, legal relationship and the rule of"different punishment with different people".In the second part, the article research the causes of"the five degrees of mourning clothing system"."Qinqin"and"Zunzun"is the core spirit of the ancient ritual."Qin qin"stresses the clan and"Zunzun"emphasizes respecting ancestors."The five degrees of mourning clothing system"bases on them. Meanwhile, Chinese etiquette is pregnant with their combined production since the movement, Those who have Confucianism enthusiasm for the mourning provide a theoretical basis.The third part is the focus of the article, Mainly to discussing the judicial application of"the five degrees of mourning clothing system".It consists of four parts, using case analysis to study the judicial role in the field of conviction. Firstly, the relative phase commitment rang statue base offense, and respect the base offense. Implication of their relatives, mainly reflecting in the Jin Dynasty period of felony conspiracy in the "Yi San Zu". At the same time, through the influence of the "Jiangfu", Whether the daughter of Jin who had married was constrained by the provisions that she was implicated with her father is also in continuous flow. Secondly, regarding to concealment, it aims to maintain the ancient ethics Tsunatsune as"the five degrees of mourning clothing system". According to historical records, Concealment mainly exists between the relationship of the grandparents and grandchildren, parents and children, brothers and sisters in Jin. Finally, it is also found in"Ba Yi", embodying the judicial application of"the five degrees of mourning clothing system".The fourth part is a summary of the full text."The five degrees of mourning clothing system"is important to the traditional justice of China and respects the ethic and humanity in the ancient society. We can refer its values.