On The Judicial Application Of The Tri-wu Pattern Of Mobian

The ideology of Mohist contains a wealth of legal ideas which are mainly among MoziTen Theories. The ideology of Mohist contains universal love, non-offensive, equality,focusing on the coordination of social effects and political effects. Mobian provides amethodology to achieve these aims. In recent years, scholars have conducted in-depthresearches in Mobian and made a series of achievements. But philosophy scholars discuss themeaning of Mobian from a philosophical point of view. Mobian is the way that Mozi create torealize his theory and it is also the tool which Mozi used to achieve his political ideals. Theresearch of judicial application of Mobian is still in its infancy.The first part of the article introduces the Tri-wu pattern of Mobian. The Tri-wu patternis one of the core ideas of Mobian. Mozi believed that inference results must base on threeessential elements. There is some controversy in the meaning of “Gu”,“Li”,“Lei” of theTri-wu pattern. With understanding the implication of the full text "Mozi" as well as academicpredecessors study results, we can find that:“Gu” is the meaning of reason and it is thepremise of the argument,“Li” is the meaning of principle and rule,“Lei” refers to the logicalreasoning, there are a variety of options on the basis of “Lei”.The second part of the article introduces the ideal premise of the judicial application ofthe Tri-wu pattern of Mobian. In order to achieve good results in the application of law, Mozibelieved that some premise elements should be set. Judicial officials must have high moralstandards, good quality, and with a righteous spirit. The law must be the good law and itshould be well implement in the judicial application. We should understand that laws comefrom heaven, and heaven is the highest judge. We have to unify the value of justice.The third part of the article introduces the value of the pursuit of judicial application ofthe Tri-wu pattern of Mobian and the factors that impede the realization of the value. In orderto achieve fairness and justice, the Mohist pursues "universal love". In order to make the orderrule, the Mohist pursues "justice" in the country. He has ideas of people-oriented and of socialbenefits. Social variability will inevitably lead to the lag of the law, and thus it is unable torespond to the legal value quickly. The strict application of the law of the judicial officialsmay lead to neglect the value of law.The fourth part of the article introduces the judicial application of the Tri-wu pattern ofMobian of value-oriented. The Tri-wu pattern’s specific meaning in the judicial application should be based on judicial inherent characteristics within the Tri-wu pattern’s logic meaning.With understanding the Mohist legal thought, The "Gu" of the judicial application of theTri-wu pattern is a legal fact that causes a trial, the "Li" is the meaning of the rule of law, andjustice, public opinion, rightfulness."Lei" is very rich in content, it is the core of the judicialapplication of the Tri-wu pattern of Mobian, and is the key which the Mohist uses to reach hislegal value."Lei" is the method of Tri-wu pattern which provides more ways to achieve theMohist legal value of the administration of justice.“Xiao-pattern”,“Pi-pattern”,“Mou-pattern” become methods which can be selected in the judicial application of theTri-wu pattern of Mobian of value-oriented. Firstly, we should discover the facts of the case.Second, judicial officials should determine which law, justice, public opinion, rightfulness canbe used in the case. Finally, judicial officials choose the specific method under specificcircumstances, then make a judgment under Mohist legal value.Certainly, there is a risk of the judicial application of the Tri-wu pattern of Mobian ofvalue-oriented. Once the judicial officials can’t effectively apply, the value of Mohist isdifficult to achieve. But there is no doubt, Mozi looks forward to respond to social problemsthrough the application of Mobian to realize the value. The method itself is not carrying value,it may achieve good results in the application of the process and may also produce deviationby the method. The key is how to apply.