Probe Into The Reason Factors In Marriage Cases In "fan Shan Zheng Shu"

The Qing Dynasty officials Zengxiang Fans’ s "Fan Shan Zheng Shu" as an example,an analysis of the cases recorded,also the author sorts out the marital cases in the book of "Fan Shan Zheng Shu",and discusses the reasonable factors in the matrimonial cases,focusing on the difference between reason and law in the case,this paper emphasizes the importance of reason in the case trial.The first part is to demonstrate the inevitability of the existence of common sense factors in the trial,and to investigate this paper mainly analyzes the basic connotation of "emotional" and "law" in marriage cases,which includes human nature,case,human ethics and judgment of right and wrong.And from the classic cases,the analysis of "emotional" and "law" in the case of the embodiment.The second part mainly introduces the different emphases of the materialization of reason and formalization of law in case decision.Its "law" mainly emphasizes the actual situation of the parties in the specific dispute of word and speech,it attaches importance to the special factors in the dispute of word and speech,and pursues the rationality of the case.The materialization of reason means making a decision according to the consideration of reason,which shows the subjective rationality of reason,the justice of content and purpose,and the actual situation of the case,put yourself in the position of considering the case and other factors to achieve true internal rationality.However,"statutes" refers to the general situation of disputes between words and actions.It attaches importance to the establishment of a judgment standard with universal application.Statutes are definite and artificial.The formalization of the law means that the decision is made according to the law,which shows the objective legality of the law.In dealing with the relationship between "statutes" and "common sense",Zengxiang Fan believed that "common sense" is an integral part of "statutes",occupies an important position,and is the due meaning and important basis of "statutes".For the "statutes",the "reason" is just like the existence of spirit and soul,which is the inner and substantial knowledge of "statutes".At the same time,when the case is decided,we should refer to the provisions of "statutes" and consider the factors of "common sense",so that the factors of "common sense" can make up for the shortcomings of "statutes" in formal justice,and achieve the combination and unity of rationality and legality.The third part mainly introduces the legal thought foundation of common sense in marriage cases,analyzes the influence of the Confucian doctrine of the mean on common sense.