On the origin and impact of the Spring and Autumn Prison Break

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4 The influence of the Spring and Autumn Prison Sentence System on feudal justice.

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Hello, glad to answer for you. In the Han Dynasty, the "Spring and Autumn Prison Break", also known as the "Jingyi Prison Break", was an important judicial judgment and judicial execution method in ancient China, which used Confucian classics and righteousness as the criterion to adjudicate and convict criminal cases. In the Han Dynasty, the principle of "Breaking Prison in Chunzhou and Autumn" objectively promoted the further integration of Confucian ethics and morality with the legal system, continuously improved the theory of the composition of crime in ancient China, contributed to the harmonious development of society, and opened the road to Confucianization of Chinese law.

However, the "Spring and Autumn Prison Sentence" in the Han Dynasty sometimes made it difficult to achieve the fairness and justice of the law, weakened the majesty of the law to a certain extent, made the moral character virtual, and could not be truly realized in real life. Key words: Han Dynasty Spring and Autumn Prison Sentence Original Heart Conviction Entering the Law with Rites The "Spring and Autumn Prison Break" in the Han Dynasty was the beginning of the Confucianization of Chinese law.

From the Han Dynasty onwards, Confucianism and feudal law gradually fused and were continuously developed and improved in later generations. After Confucianism gained legitimacy during the reign of Emperor Wu of the Han Dynasty, Confucian scholars such as Dong Zhongshu advocated the use of the Spring and Autumn Classics as the standard for judicial decisions. The "Spring and Autumn Prison Sentence" in the Han Dynasty was an important judicial judgment and judicial execution method in ancient China, which mainly used Confucian scriptures and righteousness as the criterion to adjudicate and convict criminal cases.

The "Spring and Autumn Prison Break" in the Han Dynasty had an important impact on the construction and development of the ancient Chinese feudal legal system, which made up for the shortcomings of China's ancient laws and coordinated the conflict between love and law, and was the inevitable product of the Confucianization of law. However, the "Spring and Autumn Prison Break" of the Han Dynasty sometimes made it difficult to achieve the goal of fairness and justice of the law. 1. The Background of the "Spring and Autumn Prison Break" in the Han Dynasty The "Spring and Autumn Prison Break" in the Han Dynasty was not accidental, it was the inevitable development of history, and it was gradually formed in the process of the development of the connection between ritual and law.

1) The historical background of the emergence of the "Spring and Autumn Prison Break" in the Western Han Dynasty has a profound historical background. From the Zhou to the Qin Dynasty, the punishment had a strong primitive color, and in the pre-Qin period, on the basis of the five kinds of punishments such as palace, ink, and Dapi, many cruel punishments were used to prevent the rebellion of the people; The Qin Dynasty adopted the theory of Shang Ying, so that "the Qin method is complicated in autumn, and the net is dense in condensation"; The Nine Chapters of Law, a legal code formulated in the early Han Dynasty, borrowed some provisions from the Qin law, and Legalist thought occupied an important position at that time. In terms of law, the Western Han Dynasty implemented the Legalist method of punishment and magic, and the basis for conviction and sentencing mainly came from Legalist thought, that is, heavy punishment and misdemeanor.

This sentencing scale is not compatible with the need to stabilize social order, but also with Confucianism in terms of ideology. Therefore, in the middle of the Western Han Dynasty, there was a separation between legal practice and cognition. The Han Dynasty changed the previous strict punishment and strict laws and implemented the policy of ruling by inaction to meet the needs of the social development of the Han Dynasty and consolidate the foundation of the country's rule.

From the time of Liu Bang, the ancestor of the Han Dynasty, to Emperor Wenjing, he always pursued the ideas of the Taoist Huang Lao, and established a series of policies for leniency and commutation of punishment, which achieved remarkable results. However, some of the ideas of the Huang Lao School cannot conform to the development trend of the times for a long time. To Han.

The Spring and Autumn Prison Sentence of the Han Dynasty is a reflection of the Confucianization of law in the judicial field. It is characterized by the adjudication of cases according to the spiritual principles advocated in works such as the Confucian classics, the Spring and Autumn Period, rather than only according to Han law.

Spring and Autumn" was executed"On the conviction of the heart-to-heart fight"Principles, such as the active motive of the offender, conform to Confucianism"Loyalty"\"Filial piety"mental, even if their actions constitute a danger to society, the criminal penalty can be reduced. On the contrary, if the offender's active motive seriously violates the spirit advocated by Confucianism, even if it does not cause serious consequences, it must be found that the crime is severely punished. Taking the "Spring and Autumn" Jingyi Prison Sentence as a judicial principle is a positive supplement to the traditional judiciary and trial.

However, if you focus on active motivation"Heart"\"Chi"and good and evil"Judging whether a person is guilty or innocent or the severity of the crime often becomes the subjective assumption of judges and the fact that they frame the innocent, which to a certain extent provides a basis for judicial arbitrariness.

The following statement about the "Spring and Autumn Prison Break" is incorrect ().

a.refers to the use of the subtle words of "Xinglun Spring and Autumn" to try cases with insights.

b.It has changed the reasoning of judicial personnel in adjudicating cases.

c.It promoted the Confucianization of criminal law.

d.More attention has been paid to the provisions of the criminal law.

Correct answer: d