The Changes Of The Common Sense In The Judicature Of The Republic Of China

In ancient China’s judicial system,in addition judging cases according to the law,judicial officers must comply with human sentiments and natural principles.Emotion and ethics have a very important position in ancient justice and have a great influence on the application of law.During the period of the Republic of China,due to the development of society and the change of people’s ideas,the traditional sense of ethics and law had new connotations,which not only inherited the essence of traditional sense and ethics,but also produced new changes in the new era.Based on the judicial files of the period of the Republic of China kept by Qingyang Archives,this paper analyzes the issues of sentiment,common sense and entics in the judicial practice of the region.And this paper also studies the following issues: the performance of emotion,ethics and law in the judiciary in Qingyang area of the Republic of China;inheritance and transcendence of traditional emotion,ethics and law;the conflict and integration of transplantation and local resources;its enlightenment to the contemporary era.Based on the summary and analysis of Qingyang judicial archives during the Republic of China,this paper points out that the law of common sense was widely used in the judicial system at that time.which was reflected in the settlement document,the bond,the guarantee and so on.With the change of social background and traditional concepts,Based on the reasonable law in the Republic of China inherited the traditional customs,habits,ethics and morals,There is a new practice of mediation and carried forward the practice of mediation according under to the reasonable regulation,which better adapted to the demand of social fairness and justice.Finally,the paper analyzes the contemporary value of ancient emotion,ethics and law,and discusses the enlightenment to the present from the perspective of legal application.