A Preliminary Study Of Adjudication Cases By Confucian Clas Sics In Jin Dynasty

The origin of law is derived from the original etiquette, and it gradually developsinto law. In the less developed society, law must be combined with etiquette toregulate social life. The combination in China has experienced a long process, roughlyfrom Han to the Tang dynasty. In Tang dynasty, because of legislative technology andthe legislative idea highly developed. Since legal process is completed, some of theetiquette become into law, some become the law outside the ceremony.Adjudication cases by Confucian classics, known as the Spring and Autumnperiod trial in some teaching materials, is to solve the difficulty of the cases, notstated in the law of the case with Confucian classics. This way has gradually becomethe standard of solving cases, prescribed by law, once encountered no specific legalprovisions; the determinant of cases will use the righteousness of the Confucian moralto decide the final result of the case. In this way, a part of the Confucianism ceremonybecome part of the solution of the standard case. Also can let me see decorums fusiona context.The first part states the concept of adjudication cases by Confucian classics,development and general situation of Jin dynasty, this part of the first to define thejustice trial, according to the righteous trial in the history of the formation of theprocess, from the Han dynasty began an introduction to the justice trial, only the Handynasty and Jin dynasty are introduced. Han dynasty is the beginning of Adjudicationcases by Confucian classics. In Dong Zhongshu "ousted hundred," the authorexamines the behavior that Confucianism began to enter the field of legal system, tothe Jin dynasty, but also a "quasi WuFu jeopardy" stipulation, these are the lawscombined with some of the important performance. Instructions in the Jin dynasty atthe same time, the righteous trial began the development of unique, has been limitedto the legal system, start to suit system, political and other aspects of development, theexpansion became the biggest characteristics of Jin dynasty by the righteous trial.Part two is the focus of this article is for the spring and autumn period and theclassification of the trial of investigation, through the reference of the principles ofConfucian classics and the sentences are classified, for the reference in the spring andautumn annals of statement is more, so to speak the cited an example of the spring and autumn annals was divided into reference the spring and autumn period and theprinciples of good, and the spring and autumn period and the negative and the springand autumn period and the original sentence to the classification, and thenrespectively on citing rites is the original sentence and principles of processing theevent, refer to the original sentence and ministers principles for processing of eventsand references to other processing by the righteous classic events, these classic afterrighteousness books include the book of songs "historical records" in the analects, thezhouyi. And examples for reference at the end of the source has carried on the simpleanalysis, the analysis about what processing event which one to use more classic.The third part is the relationship of jin dynasty by the trial of righteousness andAdjudication cases by Confucian classics, which points out that because of the jindynasty by the righteous trial is an important manifestation of Confucianism fusion,so it has certain characteristics and form of expression, including the first verticalsystem of mourning into laws "quasi WuFu in sin"; Led by the note of the law ofdevelopment, can pass through righteousness dismissed laws; The furtherdevelopment of "the trial". And summarizes "the trial" cultural characteristics is theConfucian hierarchy and the thought of "benevolence".The fourth part summarizes that the Chinese legal system gradually formed inthe fusion of law and etiquette.