On The Influence Of "Spring And Autumn Adjudication" In Han Dynasty

"The spring and Autumn Period" refers to the Han Dynasty Confucian scholars in the trial of cases in the process,in the absence of legal provisions or legal provisions vague situation,the use of "spring and Autumn" and other Confucian classics as the basis for the trial of cases related judicial activities.The "spring and autumn Adjudication" in the Han Dynasty played a prominent role in the history of legal system,which not only consolidated the ruling foundation of its own dynasty,but also provided a certain degree of basis and principle for the judicial activities of future generations.In order to show the influence of the "spring and autumn sentence",the negative influence is also discussed to a certain extent.However,the main content of this paper is still the influence on the judicial activities of the later dynasties and the contemporary judicial activities.Before discussing the "spring and autumn Adjudication",we should first understand the background of the "spring and autumn Adjudication" and the remaining cases.It is not difficult to find that the emergence of "the spring and Autumn Period" is closely related to the development of Confucian classics and a series of legal changes in the Western Han Dynasty to a certain extent.Later,Dong Zhongshu’s ideas of "great unification" and "deposing all schools of thought and respecting Confucianism" were also actively promoted.The application of the guiding case is also the core content of the "spring and autumn sentencing".The reason why the Confucian classics can be used for judicial trial is largely based on the case of the guiding ideology of the "spring and autumn sentencing" “ There are many remaining cases in the spring and Autumn period,but the most typical cases are four,which are "hiding adopted son case","beating biological father case","injuring parents case" and "disobeying imperial power case".In these four cases,it is not difficult to find that ethics and blood relationship are the basis of the trial.On this basis,we further investigate the subjective motivation of the criminal,and judge the criminal behavior from its subjective motivation.The subjective good and evil and the purpose and reason of crime are the main key factors that affect their conviction.The following is a full exposition of the impact of the "spring and autumn sentencing".Based on the time line,first of all,it analyzes the positive and negative effects of the judicial system in the Han Dynasty.Due to the defects of the "spring and autumn sentencing" and the low legal awareness and quality of the judges,it is easy to cause negative effects such as judicial fraud and the decline of the authority of the law.Secondly,it discusses the positive influence of the "spring and autumn Adjudication" in the history of Chinese legal system.The positive influence of the "spring and autumn Adjudication" in the history of Chinese legal system mainly includes opening up the Confucianism of Chinese law,promoting the scientific application of law and promoting the integration of ritual and law.Finally,it discusses the impact of the "spring and autumn sentencing" on contemporary justice,which is also the more innovative part of the paper.This part mainly includes the foundation and flexibility of the application of law,the application scope of rule of law and rule of virtue,the contemporary criminal trial system and the influence on the contemporary people’s view of law.