What does Spring and Autumn Prison Break mean What is Spring and Autumn Prison Terminology Explanati

The Spring and Autumn Prison Sentence generally guides the Prison Execution, and the Prison Sentence isEmperor Wu of the Han DynastyDong ZhongshuSuggestion, advocating a way to break out of prison. "Depose the Baichong family and respect Confucianism.

After that, Confucianism became more and more official.

Under the influence of Confucianism, Confucianism.

Scholars often take advantage of their status as judges to directly participate in the hearing or discussion of cases. In the process of participating in the trial of cases, in the face of the Han law formulated in the early Han Dynasty that embodies the spirit of Legalism, and the criminal law cannot be amended and misinterpreted in a timely manner, the Confucian classics are directly cited as the basis for the trial of the case, so as to realize the Confucian transformation of judicial activities.

The impact of the Spring and Autumn Prison Break.

From the formal analysis of the normative and strict nature of the legal system, the Han Dynasty's introduction of scriptures and prisons was undoubtedly aimed at the destruction of the feudal legal system. First, it undermines the authority of the written law enacted by the state. One of the basic characteristics of the law is the will of the state and the compulsion of the state.

Once a law is enacted, the concept of the legal system inevitably requires strict enforcement of the law.

The Confucian scholars of the Han Dynasty cited the scriptures and sentenced them to prison, and put the Confucian scriptures above the written laws of the state, which inevitably made Legalism think.

The newly established concept of the legal system of "matters are decided by the law" has been undermined, and this contempt for the law has had a destructive effect on the Chinese legal system.

The concept of the legal system has a profound impact.

The gist of the "Spring and Autumn Prison Break" is: the motives of the perpetrators must be investigated according to the facts of the case; The first betrayal of evil shall be severely punished; Those who subjectively have no evil thoughts will be dealt with lightly; Implement the principle of "conviction based on heart", such as the subjective motive of the offender is in line with Confucianism.

The spirit of loyalty and filial piety, even if their behavior constitutes a harm to society, can also be commuted from criminal punishment.

Spring and Autumn Prison", also known as "Prison Sentence of the Scriptures" and "Prison of Righteousness", was decided by Dong Zhongshu.

A new way of breaking out of prison is advocated.

"Spring and Autumn Prison Sentence" refers to the judicial activities of Confucian scholars in the Han and Han dynasties, in the process of adjudicating early and major cases, disregarding national laws and citing Confucian classics such as the Spring and Autumn Period as the basis for hearing cases.

The representative figures mainly include Dong Zhongshu, Gongsun Hong, Er Kuan, Ying Lu Pei Shao and others.

Judicial principles: the principle of intimacy and concealment; the principle of conviction in the original heart; Tsunada.

Religious principles; the principle of overriding the merits; opposition to the principle of strain; the principle of "punishing the first evil"; the principle of leniency; The principle of proportionality of punishment.

1. Content. Since Emperor Wu of the Han Dynasty, Dong Zhongshu, suggested that he should take a blind way to break out of prison and "depose a hundred schools of thought and respect Confucianism alone", Confucianism has increasingly become official. Under the influence of Confucianism, Confucian scholars often used their status as judges to directly participate in the trial of cases or participate in the discussion of cases.

In the process of participating in the trial of cases, in the face of the Han law formulated in the early Han Dynasty that embodies the spirit of Legalism, in the case of not being able to revise the criminal law in time and misinterpret the criminal law, it adopts the direct reference to Confucian classics as the basis for the trial of cases, so as to realize the Confucian transformation of judicial activities. During the Han Dynasty and the Han Dynasty, the representatives who were engaged in the introduction of scriptures and prison sentences mainly included Dong Zhongshu, Gongsun Hong, Er Kuan, Ying Shao and others.

2. Principles. The conviction of the offender should be based on the facts of the crime, but the main thing is not to look at the facts, but to investigate the motive and cause of the crime and the psychological state of the offender. Anyone who has an improper mind, who is subjectively evil, who has a motive to commit a crime, even if he attempts to commit a crime, or who commits a minor crime, must be punished and severely punished.

The organizers and leaders of joint crimes, that is, the culprits of the culprits, should be punished even more.

On the other hand, if the motive and purpose of the offender are moral and humane, and it is only negligence, although the violation of the law can be exempted from punishment or the punishment can be mitigated, and even the person who commits a serious crime can be pardoned.