The concept and habit of revenge，It is extremely common in ancient society，Often becoming an important mother question for drama and literary works，It is also the fundamental problem that touches the core of ancient legal concepts。Ancient China that advocates the way of filial piety，How to deal with it to become one of the judicial problems for relatives and friends。Ancient scholars proposed a series of solution strategies，From today's perspective，Among them, the specific practices often contain profound judicial wisdom，belongs to the excellent traditional legal and cultural heritage of China，It has a deep enlightenment significance for promoting the construction of China in the rule of law。

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There are many classic revenge cases in ancient my country，Complex and diverse morphology。For example，From the perspective of the main body of revenge，There is a blood kinship、Junchen King revenge、Friends revenge, etc.。But revenge was not free in ancient times，Qin's business change method，Ming Ling "For the Private Fighter，Each is punished with weight "，Qin Min Fei Fa，"I am timid fighting，And the courage to public war "。After the DPRK, it will also be strictly prohibited to revenge in the future。But there is a serious gap between legislation and judicial practice of ancient society in my country，Avengers' forgotten life is often praised by the society，Therefore, punishing the Avengers in accordance with the law is for the judiciary，It has huge ethical pressure，Some judicial workers themselves also have deep Bet365 lotto review sympathy and understanding of the Avengers。These have become important reasons for the ancient law that failed to effectively control revenge。

First，The pressure of moral public opinion on the judiciary。Revenge for relatives and friends，Especially reporting to parents' revenge，It is an inevitable requirement for filial piety。"White Tiger Pass" contains: "Father's revenge is not the world，Brother's revenge is not with the country，Friend's revenge is not the same as the same dynasty，Avengers of the tribe are not neighbors。"White Tiger" emphasizes the generality of morality，I believe that the aversion to the father is the practice of "righteousness"，Therefore, the Avengers in the Han Dynasty often officially took the initiative to drive away for the Avengers，Even the extreme cases of officials who directly abandon the official to protect the Avengers。Next，Punish the conflict between the Avengers and the country。Revenge as a special culture and social phenomenon，Deeply reflects the embarrassing situation of the law in the traditional governance of the country with the country of filial piety。Avengers are often sympathetic and forgive，There is a phenomenon that is not dependent on generations。Last，Compassion of Confucian bureaucracy。In ancient，Popularity such as "Gentleman's revenge，Ten Years Late "" Killing Father's Avengers，Do not wear the sky "and other sayings，There are also folk public opinion and even judges' sympathy and praise of the Avengers，All social ideology that encourages revenge。So，Although there are national laws that have clearly prohibited revenge，In the face of actual cases，Revenge behavior is often acquiesced。such as，The Han Dynasty Zhao'e revenge and surrendered to Yamen，bet365 live casino games Chang Yin and even unbuttoned the seal to the official。Although this case is extreme，But representing some ancient judges' attitudes towards revenge cases，Their attitude is directly related to the actual implementation effect of ancient law。

　The strategy of ancient scholars: Taking Tang as an example

Ancient scholars to solve the above problems，Starting fierce and wonderful debate。Here is only the debate of the Tang Dynasty around the classic revenge case as an example，Examine the strategy taken when investigating the problem of revenge in ancient scholars。

First，Chen Ziang's view of mechanization legal。Xu Yuanqing's father, Xu Shuang, was killed by the county official Zhao Shizheng。Xu Yuanqing deliberately revenge for his father，"Old Tang Book" contains: "Yuan Qing's name was named Yuyi Family Job，Waiter 韫，Hand -blade Killing。Layers to Qing Qing Xiaolie，Want to give up his sin。"Waiting for many years Xu Yuanqing's hand blade Zhao Shizhen，Reported the hatred of the father。When he is guilty，Wu Zetianjiaqi wants to avoid his crime，Chen Ziang made an opposition in "Revenge"。He believes that the law formulated by the country is different from the ritual system，"Fa is not two，Yuanqing Yifu Gu "，Requires Xu Yuanqing to be punished; but Xu Yuanqing's revenge is comparable to Qianxian，Disglement、Promoting filial piety is extraordinary，It should be greatly recognized，Therefore, "first babbles and then"。Chen Ziang excludes "Li" from the origin of the law，But the practice of "first and then after the news" also encourages those Avengers who are generously "righteous"。

Second，Liu Zongyuan's substantial legal thinking。Playing "Revenge Satisfaction" in Chen Ziang is about 100 years later，Liu Zongyuan's "Refusal"，Strictly criticized Bet365 app download Chen Ziang's "first -to -first, then" theory。He believes that "Jing and Xun Mo Gang and merge"，The two are irrelevant，The correct approach should be "poor to reward and punish，Intellectual derogation is positive "，Specific carefully investigating the event，Lales the foundation for resolving and eliminating contradictions。He also quoted the "Spring and Autumnopher than the Biography of the Spring and Autumn" as a argument: "Father is not subject to，Zi revenge can also be; the father suffers，Zi revenge，This push blade，Revenge does not remove harm。"" In this case，He believes that Xu Yuanqing is a person who smells the Tao，It should not be the object of legal sanctions。Liu Zongyuan discusses the contradictions of ceremonies and law，The position of its "Fa Ben's original Love" can win the recognition of most people with traditional thinking，Reflecting the thinking mode of ancient Chinese judges，The incomparable point of view of Ji Jing from legal purpose，Meet the needs of ordinary people for social justice and intuitive needs，A high degree of social recognition。

third，Han Yu's procedure justice buds。Fu Ping people Liang Yue killed the enemy Qin Guo for revenge for his father，Then ask for guilty。Han Yu put forward his own views。First，He has an attitude of understanding and sympathy for the law。He believes that there was no direct provision of revenge in the law at that time，It is the dilemma of the law: "No revenge，Then hurt the heart of the filial son ... Xu revenge，Then people will lean on the law to kill，No to prohibit it from the end。""，He discussed the different situations of revenge，I believe that the treatment of the Avengers cannot be neatly planned，Different situations should be different，"Killing Bet365 app download and forgiveness cannot be one"。So the processing results of the specific cases，can it meet the requirements of ritual rule，No disagreement with legal norms。Han Yu did not express specific handling opinions on the Liang Yue case，However, it is this abstract discussion provided us with the value of thinking。Han Yu hidden in the sympathy of the law the respect for the two aspects of law and etiquette，Not only provides procedures for solving revenge cases，The principle of the abstract processing problem was proposed，Reflecting the sprouts of procedural justice。

　　Modern revelation of ancient judicial wisdom

Thinking of the rule of law，Thinking of the rule of law、The concept of the rule of law has been deeply rooted in people's hearts，But the judicial problems reflected in the ancient revenge case did not completely disappear。Ancient referee revenge case contains profound judicial wisdom，It has an important revelation for today's judicial practice。

First，Procedure justice。Han Yu proposed to discuss the revenge case in the case of Liang Yue in the play of the case of Liang Yue case，I did not put forward specific opinions on the Liang Yue case，This seemingly simple solution actually proposes a programmatic solution。The plan designed by Han Yu cannot fully meet the requirements of procedural justice，But at the time of Shangshu Province and Zhongshu Province、Under the door province is also called three provinces，is the core department of execution of court decisions，With a lofty political status。This political status has largely excluded the improper impact of the parties，It is guaranteed that its decision made through collective discussions can be recognized by the public，With sufficient legitimacy。Integrity and transparency、Reasonable and effective programming bet365 live casino games can show intuitive fairness to the world，can soothe the psychology of the parties，It also meets the needs of the public for justice。

Second，Judgment reason。In the case of Zhang Jian's brothers Zhang Judu's revenge，Tang Xuanzong fully affirmed the filial piety of the two brothers of Zhang Ye，But in the promulgated 敕，It is believed that the state promulgation decree lies in maintaining long -term stability and harmony，In the end, effectively guarantee the safety of life members。Since the state promulgated laws to ensure the stability of society and the security of members of society，Then it must be implemented in accordance with the law。Xuanzong's 敕 made a very vivid and convincing hypothesis，The so -called "Zeng Zeng Murder，Unhappy "。The reasons for this reinforcement are designed to discuss the irrigation of national laws，Can't vary from person to person，Strengthen the judgment and reason。

third，Public Opinion Direction。Ancient trial results were accepted by the general public，Although the authority of the emperor is inseparable，But it is inseparable from the full reasoning in the judgment and the guidance of the opinions of the people。Driving the people's opinions is respect for public opinion，But respect for public opinion is not to accommodation，More unswerving to public opinion，Instead, try to make the opinions of all parties fully express。If you understand the public opinion for a broad understanding，It should also include the judiciary of the court official，The different opinions they hold should be heard。In several revenge cases in the Tang Dynasty，Chen Ziang、Liu Zongyuan、Li Linfu、Zhang Jiuling and Han Yu have stated their own opinions，Liu Zongyuan's criticism of Chen Ziang cannot get Chen Ziang's response，But there is a direct bet365 Play online games argument between Li Linfu and Zhang Jiuling。It is this argument that the opinions within the court can be fully expressed，This has further improved the social recognition of the referee，Relieve the contradiction between the formulation method and the morality of the public。

　(Author Unit: Institute of Cultural Research Institute of Zhejiang Academy of Social Sciences)