On Judicial Ethics In The Follow Etiquette And Value Enlightenment Activity Of Ancient China

In ancient China’s, the judicial officials formed a very special group. They stood for the law of the Empire, but never followed the stereotypes; they pleaded for the people of the grassroots, and seldom feared the dignitaries. They sought truth and righted wrongs.Now in this legal society, the trial mode and skills of those judicial officials are still topics of debate; so are the judicial ethics behind and the officials themselves. Some historians hold that the group eased the contradiction between the ruling classes and the oppressed, delaying the ultimate perish of feudalism. Some political scientists even argue that those subordinate officials were always protecting the emperor’s crown, consciously or unconsciously.Nevertheless, the existence of the judicial officials in our ancient judicial colony did contribute to the development and improvement of China’s feudal legal system. The follow etiquette and value enlightenment trial undoubtedly protected the legal rights of litigants. Thus, the specific and positive significance of the presence of the judicial officials in history can’t be denied. This article focus on the effects and impact the judicial officials had on the legal practice and development of the traditional law by analyzing these officials’ performance in the follow etiquette and value enlightenment trial as well as the value judgments and judicial ethics selection behind such acts. Furthermore, we will discuss the perspective of ancient Chinese Judicial Ethics, and finally reveal the truth of the legal system and judicial ethics in the era of Chinese feudalism. In this thesis, the value judgment and judicial ethics selection of the feudal Chinese judicial officials is discussed when the following 3 specific issues were involved in the judicial acts:1. Ancient Chinese judiciary choose of impartial judicial ethics in the Revenge System, and also in the conflict of etiquette, which reflected people’s pursuit of justice and ethics under feudalism2. Judicial officials of ancient Chinese in the concealing of relatives and jurisdiction system, which indicated that the ancient Chinese praised filial piety and loyalty3. Judicial officials of ancient Chinese in the Regulation of Reducing Punishment, which showed the social theme of forgiveness and loveAlso, the characteristics of the judicial practice of the judicial officials are interpreted through examples of the diverse judicial acts in history. In addition, when it comes to the issues of the Revenge System and the Concealing of Relatives and Jurisdiction System, the relevant laws in some ancient Western countries (mainly the Ancient Greece and Rome) are demonstrated. Through the comparison between ancient Chinese and Western cultural traditions, the conclusion is drawn that in Chinese Legal Culture, etiquette and personal rule weigh more than the fixed system, while the early westerners values the latter more.The last part of the paper introduces the positive influences the judicial officials’ legal practices and the judicial ethics behind had on public order, social development and legal justice in the feudal China. Despite the fact that no discussion on justice issues was held at that time, those judicial officials proved the Chinese legal tradition of pursuing justice impartiality; their specific solutions for specific issues were the proof. The officers themselves were the best proof.