当代司法中的情理分析-法律史专业论文.docx

II II Abstract The reasonable trial has been running through the traditional laws of China. In ancient China, they have even become the basis for decisions. It is very common to judge by reason during the course in ancient China. Under the influence of traditional Chinese legal culture, nowadays the judicial minister still considered the reasonable trial as their basis for decisions. Through the research of the reasonable trial, we can standardize the way of their use for judicial cases. And it can also promote the standard of lawful building with Chinese characteristics. It contains five parts. In the preface, it introduces the background and significance of the passage’s main idea. And then it points out the present research situation bout justice reasonable problem both at home and abroad, the method and guiding idea of the research, and points out that justice reasonable research focuses on Chinas traditional instead of contemporary justice lawsuits. The first chapter is the overview of the reasonable trial in judicature. At first, it gives the definition of the judicial reason and civilization’s scope and does the semantic exploration of it. Then it introduces the course of its resource and development. Finally it concludes the features of reasonable trial. The second chapter’s aim is research the use of reasonable trial in contemporary judicature. This chapter is divided into two parts. The first part talks about the reasonable trial in lawsuit trial in the practice of respectively in civil litigation, criminal procedure and the administrative lawsuit. The second part talks about the reasonable trial in the vernacular judicial practice. Is main body of Chinese vast countryside and the grass-roots region judicial. The way to solve dispute generally does not press official judicial procedure in these places and the reasonable trial in these regions are often used in judicial. Through the empirical analysis method, this chapter explores the use of the practice of