Southern Song Dynasty judge Liu Kezhuang Qiao Qiaojie Tuji Family Case
January 19, 2022 08:58 Source: "China Social Sciences" January 19, 2022 Total 2333 Author: Chen Jingliang Ouyang Bauhinia

The rulers of the Song Dynasty emphasized the rule of law、Prison Qingming,This has created a group of legal master with legal literacy,Born a Civil Wedding Field Litigation Jurisdiction — "Famous Books Judgment Qingming Collection"。Among them, the case of "Following the Following the Freedom of the Following the Property" case is a case of a family property dispute caused by the fascination,In this case,Judge Liu Kezhuang both strictly adhere to the law,Also fighter to the weak,presents a humanistic morality to future generations、The image of a doctor of legal literacy and the spirit of justice。

The cause of this case is after the death of Tian County,Its son Tian Shiguang died when the family property was not divided,Tian Tongshi, the brother of Tian County, take advantage of Shiguang's death without a child,Want to take his son Tian Shide to continue to make a sister -in -law for Tian Shiguang,Half of the inheritance of Tianxian County with conspiracy。This move aroused the dissatisfaction of the side room of Tianxian 丞,Liu's self -sustainment as the wife of Tian County,Opposition to Li Ji,And want to put all the inheritance of Tian County to its parent -child Zhenlang,So she filed a lawsuit。The first trial of the case,Judge Cai Ti Xing still does not know Liu's side chamber identity and Liu's two daughters and Shiguang women,Then according to the regulations of the household property of the household's home, the main regulations are mainly based on the respect,The judgment is not allowed to stand up,Home property is still in charge of Liu's。Tian Tongshi does not accept the judgment results,Revitalizing Citoquarters,Judge Liu Kezhuang conducted a second Bet365 app download trial of the case for this。With the deepening of the facts of the case,The appearance of the concealed parties has changed Liu Kezhuang’s judgment ideas。

In the first stage,The existence of the two women of Tian Shiguang confirmed that Shiguang's property is not unattended,Although the "Funeral Order" stipulates the home of the household,After the property is sold,Remove the cost of burial,Yu Cai and Female,affirmed the right to inherit the property enjoys the property in the room,But for the consideration of Shiguang's pulse for households,Liu Kezhuang still chooses to set up a room for Shiguang。So who is qualified to enter the succession? According to the provisions stipulated by the law,Ji Jianjia is by his wife、Parents、Grandpa、The order of close relatives will exercise the power,The maid Qiuju and the side room Liu's are not qualified to be Shiguang Lixuan,In this case,Tian Tongshi as a close relative and respect for Shi Guangli.,But it takes parent -child as,The selfish selfishness of swallowing Shiguang's property is very heavy,and the "Household Order" regulations,Lizhen needs to choose from the same person in the same Zhaomu,Shide is the cousin of Shiguang,Trek as a child,Originally ethical,However, check the confession of Tian's Honor,There are no people who are quite quite quite quite quite like among the tribe。Under this dilemma,Liu Kezhuang believes that the folk is not a tradition that there is no one as a disciple,As long as you get the consent of the family,Moreover, with its sparse tribe,I don't want to stand close to kiss,is in compromise,Li Shide is the Ji of Shiguang。

After the dispute is resolved,How to analyze the problem of production。Due to the existence of Liu's two daughters, it has not been discovered,Therefore、Xunzi Shide and Zhenlang。According to the laws and regulations of the law of "Tianzhai Princes' Brothers" and bet365 Play online games "Following the Fortune of the Sisters and Get the Property",All the property of Tianxian 丞 is divided into two,Shiguang and Zhenlang each half,Shide can be divided into one -quarter property of Shiguang,The remaining part is divided by the two women of Shiguang。At the same time, Liu Kezhuang asked Liu's mother and son and Qiuju mother and daughter to take out a quarter of their own share,Funeral incense money as Shiguang,and because of Shiguang's second daughter and Zhenlang young,Therefore, the property of the income is temporarily in charge of Qiu Ju and Liu's,Not allowed the two -person class to sell。

In the second stage,The appearance of the two women of Liu has made the originally divided method change。"Treasurer" stipulates that women can get men's wealth in the room,Although Shiguang and Zhenlang never married their wives,The number of wealth cannot be referenced,But Liu Kezhuang proposed the solution of "half of the woman's acquisition men",So here,Liu's two daughters can get half of the home property obtained by the brothers,Shiguang's share is still divided into two daughters and Shide in a ratio of three to。

But such a division method is only suitable for Shiguang's life,Not applicable to Shiguang after the death of Shiguang,Shiguang as the only labor force at home,If it has not died,Even if his share is less than the widow Liu's,He can also bear the burden of raising his family。But after the death of Shiguang,If you still use a three -pointer method,So widow who is also a child who raises three children,Qiu Ju's share is one -third less than Liu's,Its rights and interests are not guaranteed。other,Real estate has a document,It is difficult to fake its number,Real estate is all in charge of Liu's,Number of Liu's concealment or deducting real estate,In the future, you will definitely rest in the lawsuit,Not conducive to the harmony of the bet365 live casino games house。Out of the above considerations,Liu Kezhuang abandoned the three -point division method,Only the method of dividing the sons。In order to avoid Liu's conflict with this decision,Also in order to compensate her share of the reduced share,The division is just the real estate such as Tianzhai,The real estate is processed by Liu's own。This is here,Divide the real estate into eight -class portion,Shide has a copy,Qiu Ju two women divide three parts,Zhenlang can get two parts,Both young girls are divided into the last two copies。This division has produced a new problem,That is, the share of the second daughter of Qiu Ju is more than the two aunts,Out of ethics,Judge Liu Kezhuang proposed that the share of Qiuju's two women's income ratio is compared to the second aunt,An extra part of the incense and burial fee of Shiguang。

In the era of local chiefs and justice,Judges also need to consider the impact of cases on social order and local governance during the trial,Facking the litigation,Maintaining social order is the responsibility of the state to local officials,Pursuit of fairness and justice is the personal moral cultivation of the judge,Both do not necessarily conflict。Southern Song Dynasty judges gradually formed a unique view of justice during the trial,It has a great impact on judicial activities and social education,It is mainly reflected in the following aspects。

First,Performance of emphasis on facts and evidence。When dealing with cases that general state and counties take care of themselves,Most of the judges are centered on reading documents,Only by reading litigation documents is unable to fully understand the facts of the case,Evidence is the key to checking the facts of the case,Therefore, the judge still needs to go deep into the field to investigate and obtain evidence,and pass the procedure of the lawsuit,Repeated scrutiny of evidence Bet365 lotto review and confession for its authenticity。The evidence system of the Song Dynasty was developed,Various forms of evidence,The status of physical evidence has improved,Independent forming of the documentary system,and developed in the Song Dynasty to Ding Sheng,It is the most direct basis for the litigation of the decisive land house。Tian Tongshi forged a will,Want to use the certification of the document as the invitation of the litigation request for endorsement。Liu Kezhuang only divides the field production when analyzing the birth of the property,Due to the official land registration book and Tianqi and other calligraphy can ensure the fairness and accuracy of the division of field production。This kind of pragmatic view that values ​​facts and evidence,Is the judge grasping the case、Basis of Justice Trial。

Second,Appears on the legal view of norms。Just by reasoning according to Liu Kezhuang Enweigko,The judgment of the case as a teaching -style mediation or Kadi justice,is one -sided and inaccurate。persuasion is just a means to balance the interests of both parties,The legal specification is the bottom line of the judge's trial case。Whether it is when it is the birth of the layer or analyzes the property,Liu Kezhuang first considered how the law stipulates。He pointed out,If the two are well -known,The dispute will be extinguished in the bud stage,The law played a role in fixed scores before the rise of the lawsuit,Therefore, the judge shoulder the responsibility of Pu Ping at the same time。But adhering to the law does not mean that the law is stubborn,Where it is too late,The purpose of the law is also the basis for judges。Facing the dilemma that people can stand up by Wu Zhaomu,Liu Kezhuang considers the purpose of the legislators who want to be unpopular,For Shiguang Lixuan。other,Liu Kezhuang also attaches importance to the implementation Bet365 app download of laws and judgments,When analyzing the division of home production,To avoid the difficult situation,Liu Kezhuang abandon the three -point method and use two -point method,Under the house as the unit, the real estate is made in the same score,This is the reasonable filling of the leakage of legislation。Legal specifications run through every stage of the case,Provide the judge's judgment with supporting legitimacy and authority。

third,Tianli、National Law、The view of justice of human affairs。A balance of the reason method,It is the deserved meaning of the pursuit of justice in the Southern Song Dynasty,No matter which party is focused,All will cause the disorder of the injustice and order of trial。It is not only regarded as the three outlines and five constant ethical and moral concepts that day,Instead of internalization, when the guidelines that are internalized into the daily life of ordinary people,It actually plays a similar role as the law,But the law that is different from the laws with compulsory effect is,The part of its overlapping part of the humanity also reflects the flexible side。Human sentiment is a manifestation of emotions between people,It is not an eternal contradiction with the law,When the country is promoted to Germany,Lonely omitheric is not only the requirements of the Confucian morality for the judge themselves,It is also a manifestation of the national will in the judge。As in the case,Liu Kezhuang is based on respecting the law,The judgment made so can satisfy all parties and dress up。So,Judge’s trial wisdom lies in,Through the common point of seeking the reason of the reason law,Eliminate its contradictions,to reach a balanced state,Realizing the fairness and harmony of the judicial order。

Justice pursued by the Southern Song Dynasty,It is not a matter of right to the right -headed rights and obligations,but the fairness of the bet365 live casino games poor order based on polite ethics、Justice,It takes into account both Tianli and National Law,It has achieved the greatest satisfaction of human feelings。In the background of the times nearly 800 years ago,The concept of justice has its necessity and advanced nature,It does not break away from the rules of official ideology such as law and etiquette,The glory of human morality exudes human morality,A balanced balance。Today in the rule of the country in accordance with the law,This unique view of justice is also a historical mirrorbook provided by traditional rule of law civilization for the current rule of law construction。

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