Ancient Chinese justice attaches great importance to unjust prison。As early as the Western Han Dynasty，The imperial court often "send a doctor and doctoral patrol the world，Inspect customs，Rushan，Pingjie Prison "。Long -term unjust prisons have accumulated rich experience in unjustly。Especially in the discovery of injustice，Forms a effective experience mode。Ancient Chinese injustice found experience from the profound understanding of the judiciary's spiritual spirit，It is an important part of the excellent traditional legal culture of China，Modern meaning worthy of reference and inheritance。

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In ancient Chinese judicial practice，Five Listening、Surprise and evidence is the basis for the judicial person to discover the injustice。

First，Discover unjust prison through five hearing methods。Five Listening is to listen、color listening、Qi Listening、ear listening、Listening，That is, by examining the words of the parties、Emoticon、breath、Listening、Eye to judge the authenticity of the statement。When the defendant claims to be wronged，The judiciary will not easily believe what it says，After all, the offender does not recognize the guilt is the norm。But the judiciary observes the color of the defendant's sadness，I may believe that it has grievances。Northern Wei Dynasty，Xinxiang is Sima，A soldier named Yao Daoxian was pushed as a thief，Other officials believe that the pharmacy is sinned。Xinxiang believes that the pharmaceutical road has a colorful color，It must be wronged，So insist on the grievances of the medicine road。True thief will be arrested after January，The pharmacy bet365 live casino games has obtained a rehabilitation。

In judicial practice，Emotional numbness will also be emotional due to the delay of the case，Can't shape the inner grievances in the situation。At this time, Gaoming's judiciary will carefully set up a bureau，Show the true feelings of the injustice。Han Dynasty，Xichuan has a context case。County Shouhuangba made people hold children to the courtyard，Let 妯 娌 compete，and said who grabbed the child，Who will the child return。The sister -in -law is very strong，My daughter -in -law is worried about hurting the child，The expression is extremely stunned。Huang Ba thinks，Xunzi does not consider whether it will hurt the child，Therefore, it is not a biological mother，and my brother -in -law revealed，It is the biological mother。In the case，The dispute of the original defendant has been in three years。Huangba's trial，Brother's daughter -in -law did not show the color of injustice when stating the case。The judiciary cannot judge who is who is wrong，Therefore, set up a bureau to disconnect the case。

Second，Judging the facts of the case and the authenticity of the case through it reasonably。One aspect，It can be used to judge the facts of the case。Ming Dynasty，A case of killing husbands in Shan County，Husband who worked in the field died after eating the meals sent by his wife。Xu Jin, who was then deputy envoy of Shandong, thought，Poisoning killing is the most secret strategy，How can I send my own meals to the field to poison her husband? After investigation，Wife passed Jinglin when the wife delivered meals，Mixing of Jinghua and fish soup produces toxicity，Not intentional poison。In the case，The judiciary believes that the facts of the defendant's crime are obviously unreasonable，Therefore, there may be injustice。On the other hand，It can be used to distinguish the authenticity of evidence。In the case bet365 Play online games in the Tang Dynasty,，The Jiedushi of the Qing Dynasty made Liu Chong Guo the authenticity of the key evidence through reasonable identification，Therefore, the defendant has grievances。In the case，There is a rich merchant's son Pochi River，The young women on the other side will come to the night。At night, the robber enters the room，Abandoned the knife after stabbing the woman。The son of a wealthy businessman to，Step on the blood pollution fall，After escaping overnight, I was caught by the government's government。Under the interrogation，Although the relevant facts are recognized, they do not recognize the killing。Women's House handed the knife in the government，Liu Chong Gui found that it is a butcher knife，So said to be a big banquet，Call the butcher throughout the territory and wait for the slaughter。Put the butcher back in the evening，But the knife is left，Come again the next day。He ordered someone to replace one of the buttons that night。The next day，Everyone claims their own knives。Only one person does not recognize，Who is the knife? Answer is someone’s knife。Liu Chong Gui sent someone to arrest someone，I found out that I have escaped。So the son of a businessman with other death prisoners，Night rod。Someone returns to the country after hearing the news，Then he was arrested。This case is before submitting the murder weapon to the government's house，Liu Chong Gui did not doubt the defendant's injustice。But after seeing the weapon，Starting to believe that the defendant is not a real murder。Because it is reasonable，The defendant is the son of a wealthy businessman，There should be no butcher knife at home。and he had no revenge with the victim，It is impossible to steal the knife and kill。

Last，Discover whether there are injustices in the case through evidence。In ancient Chinese judicial practice，The judiciary believes that there is Bet365 app download only key evidence，and the main evidence can confirm each other，Coupled to determine the crime。If it is not satisfied with the above conditions，It is possible to conclude that there is a judgment of injustice in the case。

In a case in the Song Dynasty，The judiciary believes that the defendant has grievances because of the lack of key evidence of the case。There is a monk who passes through the villagers' house at night，Request boarding，The owner did not agree。The monk asked to rest at the carriage outside the door，Master's consent。Midnight，Some robbers enter the villagers' house，Stretch a woman and clothing from the wall。The monk did not fall asleep，I saw this scene。The monk thinks he is barely leaving the host for staying，The woman and property of the master's house are robbed，Tomorrow must catch him to the government，So escaped overnight。Monks are afraid of pursuing people，Dare to take a familiar road，Instead of taking the barren grass road，I fell into a dry well when I accidentally fell into a dry well，It is found that the woman has been killed and thrown in the well。Search for the host the next day，I found a monk and a woman's body in the well。Trial，The monk considers himself to have treacherous and flee with his master and daughter -in -law，Worried about being captured，So he killed the woman and cast it in the well。Carefully due to at night，I also lost my feet in the well。Lost of the stolen goods beside the well，I don’t know who takes it away。The county's decision to report to the government，Officials in the government think there is no suspiciousness。Only Xiang Min is not collected because of stolen goods，Suspected monks have grievances。So I questioned the monks in detail，The monk tells the truth。Xiang Minzhong then secretly sent officials to visit the real murder。Eat of officials in the village Bet365 lotto review shop，Women in the store heard that he came from the house，But I don’t know he is an official。Did you ask his monks' cases to find out? The official lied to her that the monk had been killed。Women asked how to deal with the real murder again。The official said that the case has been wrong in the house，I dare not ask even if I caught the real murderer。Women said that the villagers are killed by a young man in the village。Officials ask Ming Ming's residence，So capture it，and found the stolen goods。

Except for not having key evidence，Main evidence cannot confirm that consistency will also let the judiciary discover unjust prisons。In the Song Dynasty, Yu Liang's babes were served as Jingnan Division to join the army，There is a murderer suspect arrested，I have confessed to guilty。But Yu Liang found that the identified murderer is obviously inconsistent with the victim's scars。The blade of the weapon is one foot length，and the wound is less than one inch。So please ask your boss to ask for a separate suspect，Later, I really caught the real murder。

　　The significance of the reference of experienced experience in ancient China

Experience discovered by ancient jails in ancient China，It still has a strong reference meaning for modern judicial practice。Although modern judicies cannot directly observe the parties' expressions to judge their true and false，But insisted on the parties who insisted that they were wronged，But I can't think of it for granted that it is a quibble，should carefully analyze whether its statement makes sense。

In judicial practice，There have been some case -handling personnel who do not consider the possibility of reason，The fact that the criminal facts are determined by the party's confession，This violates modern criminal justice "only the defendant's confession，No other evidence，Can't determine the defendant's guilty and punishment "regulations。Yang Zongfa's murderous case is one of the examples。1998，Public bet365 best casino games Security Organ in Liupanshui City, Guizhou Province, determined that Yang Zongfa and his wife Li Mingying、Elderly Yang Xianfen、son -in -law Xie Hua、Erzi Yang Xianqiang and Wuzi Yang Xianhua and other six people killed Zhang Huaxiu, the mother of Yang Zongfa。The facts of the case are obviously unreasonable。First because the two parties belong to the relative relationship，Yang Zongfa's possibility of killing his mother is extremely low; the second is that Yang Zongfa even though his mother，I will not let the whole family participate。2007，Procuratorate withdrew the prosecution against Yang Zongfa and others，Return this case back to the public security organ supplementary investigation，Public security organs have canceled the case due to insufficient evidence，Yang Zongfa and others also received national compensation。Although this case is finally back to，But before the judicial personnel failed to pay enough attention to these two unreasonable places，As a result of the case of injustice。

In judicial practice，There have been cases that judicial people have convicted the defendant when they are not available。Henan Zhao Zuhai's injustice，Disappear due to Zhao Zhenyi，The judiciary has contradictions with Zhao Zhahai with Zhao Zhenyi，It is inferred that Zhao Zuhai may be the murderer who killed Zhao Zhenyi，Forced him to make guilty confession。Zhao Zhenyi appeared until many years later，Zhao Zuohai case can be re -tried to change the judgment。If the judiciary can recognize that the most important evidence of the crime of killing is the victim's body，No corpse found，It may be an injustice case，Then the injustice may have been rehabilitated for a long time，instead of waiting for the "return of the dead" to correct。

Now，The construction of socialist rule of law with Chinese characteristics cannot be separated from the inheritance of the excellent traditional Bet365 app download legal culture of China。Chinese excellent judicial tradition is an integral part of the excellent traditional legal culture of China，The experience of unjust prison discovery and rehabilitation is an important aspect of an excellent judicial tradition。For this，Summary experience found by ancient judges，There is an important reference significance for the wrong case in contemporary judicial practice。

　(The author is a professor at the School of Confucianism and Law, Hangzhou Normal University)