"Famous Books Judgment Qingming Collection" is also known as "Qingming Collection"，is a classification compilation of a judicial referee document and official official document in the Song Dynasty，It is also proved that the Social Legal system of the Song Dynasty, especially the Southern Song Dynasty,、Economy、Rare historical materials in historical conditions。The author's nickname "Mantating Pavilion Grand Sun"。The word "Famous" in the title of the book，It means that the writing of the writing is mostly a scholar -husband in the Southern Song Dynasty; the word "Qingming"，It is taken from "The Gold of One Thousands of Bright，Qingwu Side "is a political、The meaning of the clean and clear inspection of the case。

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According to the results of the Research Office of Song, Liao Jinyuan History Research Institute of the Institute of History of the Chinese Academy of Social Sciences，The early circulating "Famous Public Books Judging the Qingming Collection" is the remnants of the Song Dynasty in Jingjiatang, Japan，Only records of 133 books on the case of "household marriage" case。and according to the "Summary of the Book of Siku"，"Famous Books Judging the Qingming Collection" should have 17 volumes，But this volume has not yet been found。The academic community discovered in the Shanghai Library that the Minglong Qing dynasties who compiled 14 volumes from the Ming Dynasty "Yongle Ceremony" chose the time when the year of the Ming Long Qing Dynasty。From the perspective of content，The Ming Dynasty in "The Book of Famous Books" is very different from the Song Dynasty's residue，Whether it is the arrangement of the arrangement，Still text，Both of them have shorts each。Integration of these two different sources，A length of Song Canben Four times and passing the point of school、Relatively complete new adventure，14 volumes of the current academic circles "Famous Public Books Judgment Qingming Collection"。

This volume is divided into positive volume and bet365 best casino games appendix，The former total 14 volumes，There are 7 articles in the latter。The positive volume part is classified in the "door"，Volume 1、2 is "official door"，Volume 3 is "Fu Duke", "Cultural Affairs Gate"，Volume 4 to Volume 9 is "Household Wedding Door"，Volume 10 is "Ren Lunmen"，Volume 11 is "Human Gate"，Volume 12 to Volume 14 is "punishing evil doors"，Total seven major categories。Appendix parts are based on the concentrated judgment and document of the records，Appendix 1、7 is the miscellaneous record of the introduction of the project.，Appendix 2、3 Compiled personal verdicts of Huang Wen Su Gong and Mr. Houcun, respectively、official document，Appendix 4、5、6 of the relevant content in the "Wenwen Mountain Collection", "Huang's Daily Copy" and "Zhu Wen's official document"。Except for positive and appendix，In this volume, there are also many ink readings read by later generations，Attached next to the original text，show the meaning of informative。As the Ming people choose what they said，The book of "The Book of Famous Books"，"For Class 14，more than a hundred articles "，"Yumin is detailed in persuasion，Dimension from the official "，"The reader must know this，庶 谳 谳 谳 谳 谳 不 谳 谳 "。

　　Book judgment contains affection and the law of morality and the law

As a representative of the Chinese traditional judgment case，"Famous Books Judging the Qingming Collection" contains rich judicial practice and rationality。Liu Liyan thinks，"Famous Grandpa" in the "Famous Books"，Most of them have the background of Confucianism，Ru Zhendexiu (Xishan)、Liu Kezhuang (Houcun)、Wu Ge (Shu Zhai)、Cai Hang (Jiu Xuan) and others，All from the Confucian School。Other other such as Fan Yingling (Xitang)、Hu Ying (stone wall)、Weng Fu (Haotang) and others，Also with people in science, there are thousands of contacts。According to the Song and Yuan Case，The learning of Zhen Dexiu is derived from Zhu Xi，Zhen's pulse can be called the "Great Study Grand" inherited by Zhu Xi's theory。and Zhu Xi pushed Confucianism to the peak of the Song Dynasty scientific "integrated person"，It says "Stocking Heaven，The Philosophy of the Heavenly Man's Bet365 lotto review Philosophy，and "Between Daily Word，The ceremonial person is，Non -courteous Confucian Confucianism is right and wrong，The "Famous Gong" in the "Famous Books" in "The Book of Famous Books" disconnected the case、National Law、Human sentiment provides feasible guidance thoughts，and make it formed a referee view of "Germany and France"。Specifically，Divide in the nature of the case，The records of the records in the "Famous Books Judgment of the Qingming Collection" can be classified into official affairs、Property、Personal relationships and social malignant cases，and in the cutting process of each type of case，The referee basically adheres to the concept of the referee used in Germany and France。

　Based on the nature of the case

In the case of official affairs, emphasizing government amendments，Alert Officer。"Official Gate", "Fu Duke Gate", "Cultural Affairs Gate", "Human Gate", etc.，Both the verdicts involving officials involving officials illegal crimes，Among them, most of the criminal cases are abused。Take the abuse of punishment as an example，According to the case of "restricting the state and county officials not allowed to use the law"，"Visit the Judgment Grand Hall illegal punishment，Tarts and other movements with hundreds of mobs。Trending in the rigid rod has its own fixed number，笞 to 50 and stop，Decision ten times，Stand to one hundred and stop，Fortunately 20 times，No one who has accumulated a hundred counts "。From this we know，Song of the Law of the Song Dynasty to the prisoner、Numbers have clear restrictions，The number of sentences of torture must not exceed 50，The number of torture of the penalty must not exceed one hundred。For this，According to the verdict of the case，The number of punishments in the practice exceeds the laws and regulations of the law，It can be seen that the common illegal act at the time。For this，As the judge of the case，Hu Shibi combined with the official morality and law of government，Pointing out that abuse is "the reason for the county government，Frequency of Heaven "，Renewal of law，"Quasi"，Dear officials、Our or Division's soldiers jurisdiction、The crime of the public officer bet365 best casino games below，Listening to the elders of Shen，Borrowing Staff Decision "。In this case，Hu Shibi not only again stated in the judgment that officials should repairs politics and morals，Careful punishment，Also in the legal form of "order"，Practical constraints have been carried out on the punishment procedures of the officials under the rule。Except for Hu Shibi，The judgment of Wu Yuyan and others can also be seen in this judgment concept。For example, in the article "Forbidden Officer Poisoning Polying People"，illegal acts against officials，Wu Yuyan said: "People with benevolence，It is better to be distressed。Combat all over Zhuzhou County，Each forbidden to control the defense，If or not，If or not，Sitting from the officials。”

In the case of property cases emphasized the final case with virtue，Fa Railing right and wrong。"Famous Books Judgment Qingming Collection" 6 volumes of "Household Wedding Door"，Collected many verdicts involving property disputes，The traditional saying "Family Marriage、Tian soil、Money Debt "and other civilian details are all included in it，The most prominent is the land dispute。According to the scholar's research，"Famous Books Judging the Qingming Collection" contains hundreds of land disputes. There are hundreds of cases，occupied nearly a quarter of the book。During the referee of the land dispute case，When the "Famous Grandpa" conducts specific legal reasoning，Basically, the main basis for judging right and wrong with the laws and regulations of the Song Dynasty，and after the facts of the case are judged，According to the "Essentials and Light Profit" respected by Confucianism、Taking into account the decision of moral standards such as "human feelings"。For example，In the case of "Lonely Girl Reduction Father"，The father of Yu Liang, the father of the orphan girl Yu Baixiu，In the second year of Kaixi (1206), the field production code was sold to Dai Mo，After the death of Yu Liang，Yu Baixiu, who has already recruited Yu Baixiu, asked the government to redeem the Dead Family Fita，But Dai claims to buy the field，Unwilling to retreat。After Wu Ge's verification trading contract of the judge in this case，I found that Dai Mou had forged the bet365 best casino games buying deed。So，Wu Ge in accordance with the laws and regulations of the Song Dynasty，"If you get the women's marriage and the household property，Mainly the same husband "，"Quasi -order: Household property is given to the daughter in the room，Half of the Girls with Zongzong "，The fact that the ownership of the field production should be attributed to the case of Yu Baixiuniang。After that，On the basis of this fact，With Dai's cultivation field production, it has been achieved for many years，"When the person is in order" is the reason，Not only improved the ransom of Yu Baixiu's cope with，It is also required that Tian is redeemed and not allowed to buy and sell，Restricted the right to punish Yu Baiqiang。Visible，In the judicial referee of property cases during the Southern Song Dynasty，"Famous Grandpa" still follows the referee ideas of "Germany and France"。

Emphasis on German Education in the case of personal relationships，Protect with Fa。"Famous Books Judgment Qingming Collection" is represented by "Renlun Gate" and "Male Gate"，Showing a relative、Disputes among the special groups including clan and other special groups。When the referee is related to the dispute of the fleshy family,，"Famous Grandpa" focuses on maintaining the gift of human Lun，Not only does it pay attention to the use of the identity between relatives、Rights relationship，In particular, it is advisable to use the way of teaching or persuasion，The moral education advocated by Confucianism in both parties in the lawsuit。For example，Zhen Dexiu said in the article "The Persuasion Incident": "Suciting a lawsuit with relatives，Most of them add up and open，Often changed suddenly，Go from each other。"In the eyes of Shi Dexiu，、Persuasion method，Make the relatives who encounter disputes can set aside disputes，Restore harmonious family relationship，It is the external manifestation of moral education pursued by Confucianism，This method of solving the solution far better than the cold referee。But he does not blindly respect virtue education，Instead, the civil and criminal nature of the case is distinguished，Cases of personal relationships involving criminal crimes bet365 live casino games claim to be declied in accordance with the law，As he said，"Civil disputes，The lawsuit should be clearly discerned right and wrong，If you commit a criminal name，Sitting by self -consisting "。Every time you encounter a lawsuit，"Mother's litigation and finally love the son who loves his son and does not want to break his sin"，Hu Shibi also adheres to the same concept，"When the job is inherited in lack of Zizi ...，Beauty Education to the first meaning。Every time you encounter a lawsuit，Between father and son，then persuaded to filial piety，Between Brothers，then persuaded to love friends，For relatives、family party、Between neighborhood，persuading for marriage and appointment "。That seems to，"Famous Grandpa" When the case involved in personal relationships，Take the judge based on law as the bottom line、Priority solution mode with Chongde's persuasion。

In the case of social malignant cases emphasized Ethics，Stop evil with the law。"Famous Books Judgment Qingming Collection" specially ranked 3 volumes of "punish evil door"，Detailed detailed adultery that is not allowed by the Southern Song Dynasty、Hao Heng、Gambling and other social malignant cases and results and results。When hearing such a case，"Famous Grandpa" aims to use the legal punishment and moral education of social malignant cases and the group behind them，To stop the evil line、Purpose of the local social atmosphere。"The scholar is charged with the charges and the meaning of teaching"，Magistrate Zhao Zhixian clearly proposed that the case of social malignant cases should be used in Germany and France，"Ci Litigation to Guan，What is the relationship，Ruo Dan's analysis song，Sitting crimes，A lot of educational meaning，Non -good politics "。Similarly，"The fake brother's life follows the words to be the word to enhance his cousin property"，When a vicious case of society occurs between relatives，As the county's main book as a referee，The primary processing method adopted is also moral education，Until the possibility of confusion of both parties in the lawsuit，Only according to the facts of the case，Delivery law，"Public Heart Decision"。，Judging from bet365 live casino games the verdict of "punish evil door"，When a vicious case of society has a long behavioral cycle、Typical features of high degree of malignant，"Famous Grandpa" will be disconnected in the referee，heavy punishment to stop rape。For example，In the case of "for evil"，Maggie Cai Hang, a number of laws in a row，From heavy punishment to evil，The people under the wake of the police。

Overall perspective，Publishing and distribution of 14 volumes of the 14 -volume "Famous Books and Public Books" compiled by the Song, Liao Jinyuan History Research Office of the Institute of History of the Chinese Academy of Social Sciences，Scholars to study the legal system of the Song Dynasty, especially the judicial practice of the Song Dynasty, added a thick historical literature asset，More comprehensive understanding of the ancient judicial system provided valuable literature support。

(Author Unit: Zhengzhou University Law School)