On The Comparison Of Liu Song And Zhang Fei's Legal Thoughts

In the Wei and Jin dynasties,influenced by Confucian thought of etiquette and metaphysics,the jurists represented by Liu Song and Zhang Fei represented two different legal schools because of their social environment,mainstream cultural trend of thought and family birth,and different official experience.The existing research focuses on the case study of the thought of two people,and does not compare the thought of two people.Through the analysis of social environment,it is proved that Liu Song's realistic legal view and Zhang Fei's idealistic legal view are representative in the Wei and Jin dynasties at that time.As a statesman,Liu Song,from the point of view of safeguarding class rule and the overall situation of the legal system,especially emphasized the unification of laws and decrees,judicial officials strict handling of cases in accordance with the law;However,his strict legal propositions are conciliatory,and the monarch has extra-judicial privileges,which leads to the inevitable political nature of his legal thoughts.From its strict and conciliatory co-existence,there is a realistic color.Zhang Fei,a technical official who specializes in the theory of law,was deeply influenced by metaphysics.His idea of "taking the gift into the law" is in line with the principle,the judicial principle of adjudication of law and the concept of flexibility of law.This paper emphasizes the importance of legal principle and the justice of individual cases,and gives judicial officials the discretion of "random law" and "temporary quarrelling" and advocates a dynamic and flexible concept of situational justice.This idea can not meet the needs of the social environment and rulers at that time,and has idealistic feelings.On the whole,the two people's understanding of the law itself,the function of the law and the differences in judicial opinions safeguard the legal justice from the macro-and micro-situation,respectively.It reflects the complementarity of the thought of two people and the different development trend of the traditional legal thought of our country,which is very enlightening for us to re-understand the legal thought of Wei and Jin dynasties.