Study On The Judicial Characteristics Of Qing Guan In Ancient China

Culture is the deepest and most lasting force.Traditional Chinese legal culture provides many materials for enhancing cultural self-confidence."Qing Guan" has a special meaning in traditional Chinese legal culture,which reflects the ancient Chinese people’s yearning for fairness and justice,which is consistent with the concept of fairness and justice required in the construction of a socialist country under the rule of law with Chinese characteristics.The functions and powers of ancient Chinese officials at the grass-roots level have the characteristics of the integration of justice and administration,but for Qing Guan,the political role of the administrative officials has been weakened,and more emphasis is placed on the role of the judicial officer.In fact,the achievement of "Qing Guan" status is mainly due to the practice of using the law to resolve disputes by officials in judicial activities.The "Qing Guan" is actually the product of the integration of the great traditional culture and the small traditional culture.The antagonistic relationship between the great traditional culture and the small traditional culture is also concentrated on the Qing Guan and is reflected in the judicial activities of the Qing Guan.Therefore,the judicial activities of Qing Guan present a state of unity of opposites.The interaction and integration of great and small traditions makes official consciousness and folk beliefs embodied in the judicial activities of Qing Guan.This unity of value orientation enables the judicial activities of Qing Guan to effectively alleviate the contradictions between the officials and the people,and establishes the authority of the law in the grassroots society and is conducive to cultivating the civil legal consciousness,but it also makes the public lose their sense of independence,and they will rely on and shelter the hope of social justice in Qing Guan.As an important part of Chinese traditional legal culture,the judicial culture of Qing Guan has a tension between bounded rationality and infinite rationality.The coexistence of limited rationality and infinite rationality embodied in the justice of Qing Guan actually reflects the conflict between the ideal and reality of judicial effects.Qing Guan enter the law with reason and reason,so that the judgement results meet the expectations of the people,but sometimes the Qing Guan disregard procedural fairness and justice in order to obtain the judgement results that meet the expectations of the people.As the country’s judicial judges,the primary basis for adjudicating cases is the national law.However,in order to achieve fairness in cases,Qing Guan will also compromise the law with human sentiments and natural principles.Therefore,the judicial activities of Qing Guan reflect both strict law and reason specialty.This reflects the normative and active nature of justice for Qing Guan.Regardless of whether it is strictly in accordance with the law or the degree of adjudication of reason,it actually contains the concept of love and law of the honest and honest in law enforcement.The judicial style of most Qing Guan who are deeply influenced by Confucianism is mourning and forgiving,but they do not blindly hold the attitude of mourning and forgiving to all cases.In some cases of punishing corrupt officials,Qing Guan with a sense of justice will strictly judge in accordance with the law,and even impose severe penalties.Therefore,the justice of Qing Guan presents the characteristics of both leniency and fierceness.This characteristic reflects the judicial view of Qing Guan using both morality and punishment.This kind of judicial view has important reference significance for the scientific understanding and handling of the relationship between "rule of law" and "rule of morality" in today’s socialist country under the rule of law.What the Qing Guan carry is the people’s expectations for fairness and justice.Therefore,the judicial characteristics of the Qing Guan in the specific judicial practice are fairness and selflessness.However,the Qing Guan sometimes tend to favor the poor,the petty people,and the stupid in the judiciary.The judgment of the group,this kind of favoritism is the embodiment of the pursuit of natural justice in ancient times.The sacred beliefs of "enforce justice on behalf of Heaven" and "Practicing the Way of Heaven by Oneself" not only enable the Qing Guan to consciously practice the "rule of the saint",but also use nature and heaven to restrict the political and economic power in the secular society,and defend the natural rationality.The most basic human right to survive.