包拯司法思想研究-法律史专业论文.docxVIP

II Abstract Bao Zheng, who is also called Xiren is Luzhou (Anhui Hefei today) people of Northern Song Dynasty, is one of North Song Dynasty of famous politicians. Bao Zheng was a ruthless man and a good judge . For centuries,his trial story has already been known to all of women and children. This article discusses from five aspects:The origin of judicial thought of Bao Zheng ; Bao Zhengs litigation thinking ; Bao Zhengs trial thinking ; Penalty Thought of Bao Zheng ; Evaluation of Bao Zhengs judicial ideology and its impact on future generations . Bao Zhengs legal thought is from Confucius, of course, it is the unity of Confucianism and Legalism. The courage to picket any unscrupulous officials ; Persuaded the emperor to abolish salt tea prohibiting system reflects Bao Zhengs loyalty to the emperor, people oriented ideas. Bao Zheng claimed the laws should be conducive to the country and the people, durable and practicable and advocate honest and fair person as a justice of the Officials. When he was an official in Kaifeng, he cancel numbers Division system, get rid of the lawsuit transmitting link, open the door of the house, people can complain directly to the lobby. Bao Zheng had repeatedly written to do away withpleading for mercy for smb which disturb the course of justice . When he was a local official, he enforced the law without fear of high dignitaries, and attach importance to deal with cases of evidence collection and investigation of the case. Bao Zheng has superb trial wisdom and attached great importance to make a thorough inquiry of criminals psychology and explore the use of legal technology. All of these show his strong ability of insight and analysis of the case. Bao Zheng advocated for lenient penalties, countries with good fashion do not apply severe penalties, He believes there should not be cruel and inhuman punishment in the law. One hand, he advocated that for people whos offense is not very serious should be given chance of rehabilitation,