The Enlightenment Of The Song Dynasty’s Judgement From Ming Gong Shu Pan Qing Ming Ji On The Reform Of China’s Civil Judgment Document

The judicial documents are the concentrated display of the litigation system,judicial concept and legal culture.Judgment is the manifestation of ancient Chinese judicial documents,which became a special judicial document in the Song Dynasty.Ming Gong Shu Pan Qing Ming Ji(hereinafter referred to as Qing Ming Ji)is the first extant collection of scattered judgments in the Song Dynasty,which representing the overall level of judgment in the Song Dynasty and presents the judicial system and litigation culture of the Song Dynasty,contains the multi-dimensional integration of "legal principles and feelings" to resolve disputes and the litigation concept of mediation and litigation.Its reasoning methods and judging characteristics reflect the gene and essence of traditional culture such as harmony,justice,honesty and friendliness,and are consistent with the modern judicial concept system and core socialist values.General Secretary Xi emphasized that Chinese excellent traditional culture is the root of Chinese culture,and we should make the most basic cultural genes of the Chinese nation adapt to contemporary culture and coordinate with modern society.Therefore,it is necessary to integrate the excellent traditional cultural genes in the judicial field into the judicial documents and promote core socialist values.In order to give full play to the rule-leading and value-oriented role of judicial adjudication in national and social governance,the Supreme People’s Court issued the Guiding Opinions on Deeply Promoting the Integration of Core Socialist Values into the Interpretation and Reasoning of Judicial Documents in 2021,which has achieved significant results in judicial practice,but there are still some problems.As a collection of representative and valuable ancient judicial documents,Qing Ming Ji is the carrier of China’s ancient excellent legal culture.The concept of "no litigation" is integrated into it,fully reflecting the mainstream values of the ancient society’s pursuit of "harmony" at that time.The study and reference of Qing Ming Ji will help to implement the coordinated adaptation of excellent traditional Chinese culture to modern society.The reasoning method of its judgments and the integration form of its values are worth learning from,which can help to promote the strengthening of the reasoning of civil judicial documents,the improvement of the publication system and the integration of core socialist values in judicial documents.This paper takes Qing Ming Ji judgment and modern civil judgment documents as the research object,adopts the methods of literature study,case study,comparative study,etc.,through comparing the characteristics of the structure and content of the two,refining the contemporary value of Qing Ming Ji judgment,analyzing the problems of modern civil judgment documents,such as the rigid reasoning language,the insufficient public attention,and the insufficient integration of core socialist values,and obtaining inspiration from Qing Ming Ji judgment for reference to deepen the reform of civil judgment documents in China in terms of reasoning,publication,and the integration of mainstream values.The text consists of four chapters.The first chapter studies the status of Qing Ming Ji in the development history of judgment and the legal background of the book.The second chapter analyzes the structure and content characteristics of the judgment in Qing Ming Ji and its contemporary value in reasoning,language,integration of mainstream values and public form.The third chapter compares and analyzes the structure and content characteristics of modern civil adjudication documents and the problems in reasoning and language,public attention and the integration of core socialist values in judicial practice.The fourth chapter puts forward suggestions for the reform of modern civil judgment documents,including strengthening the reasoning of the judgment documents,improving the publication system of the judgment documents,and assisting the integration of core socialist values through guiding cases.