The morning of November 16th，Professor Yang Yifan was hired as a part-time professor at bet365 app。The employment ceremony was held in Conference Room 110, Shaw Law Building。Vice President Lin Ming presided over the ceremony，Dean Qi Yanping issued a letter of appointment to Professor Yang Yifan。Mr. Zhang Weiren, who was just awarded the honorary professorship of Shandong University、Professor Wu Shuchen, who recently joined our school, attended the appointment ceremony of Professor Yang Yifan，And Legal History of the School of Law、Some teachers and graduate students in jurisprudence and other majors held discussions。
Mr. Zhang first mentioned an issue that was almost “consensus”，That is whether the traditional Chinese legal culture only has criminal law？In the views of general legal historians and foreign researchers，The legal system in ancient China has been customarily considered to be the most prominent of criminal laws，Weak civil and commercial laws，However，How were household marriages and land plots regulated for hundreds of millions of people during the Ming and Qing Dynasties？It is by no means a simple summary。In laws enacted by the state，Civil law is indeed relatively simple，People’s behavior is more guided by folk norms，These norms exist in family training、Group Norms、Rural rules and regulations、Industry practice，So we cannot look at the scope of the law too narrowly。In fact，There were two sets of rules in ancient China，A set of laws and regulations formulated bet365 best casino gamesby those with authority，A set of norms gradually formed by the people and effective，In the process of studying legal history，Can’t just use Western concepts to look at China，Because of the "small government" characteristics of ancient China，The laws that determine the government are weak，The scope of action is very limited，And social order is not maintained solely by government decrees，Among the population of more than 400 million in the Qing Dynasty，The vast majority of people have no contact with the judiciary，So we should have a comprehensive understanding of Chinese traditional legal culture。
Professor Yang Yifan talked about the issue of sorting out the various legal forms in ancient China，He thinks，Describe ancient law as a combination of all laws、To focus on punishment is inconsistent with the objective facts of history，Central officials、household、Ceremony、Bing、Xing、The six ministries of industry all have laws、Example，We only study the Ministry of Punishment and come to the conclusion that punishment is the main focus is one-sided，Like the Qing Dynasty，The regular part accounts for more than 90Gj8，Our economic law、Administrative Law、There is a lack of research on military law and so on。In the past we always thought that there was more dross than essence in legal history，In fact, if you study it carefully，There are many more bright things。Professor Yang introduced several "projects" he has undertaken in recent years: innovative projects in legal history、Legal History Research Project、Legal system engineering, etc.，It is to explore the traditional Chinese legal cultural heritage，Understand the basic issues of legal history，Find out what the Chinese legal system is like。He said，Think that legal history is a science of dead people、Worst Science、The point of view of useless learning is wrong，In summary，The laws of ancient and modern times are interlinked；The key to applying the past to the present is to discover excellent legal cultural heritage。In contemporary times，Cultivate a rigorous study style，Promote this subject towards science with an attitude of seeking truth from facts，It is the common responsibility of us legal history researchers。
Professor Wu Shuchen believes that Chinese legal history should study “what” Chinese legal culture is、“How” and “Why” questions。Today，We are currently researching the question “what is it”。Mr. Zhang and Mr. Yang have devoted their lives to studying the history of Chinese law for decades，It can’t be done without a religious sense of mission。Professor Wu Shuchen "reviewed" Bet365his previous research on the framework of Chinese legal culture from a macro perspective，Currently doing the "correction" work，Is currently engaged in research on the origin of Oracle and Dharma。As to why the concept of punishment is mainly formed，Professor Wu believes: First, intellectuals in history mainly studied Confucian classics，The imperial examination determines the decision as long as you study the Confucian classics，You can enter the official career，And carry out the work of judging the case，Thus neglecting a comprehensive understanding of legal practice activities, especially the actual life of the people；The second is the impetuousness in the academic world after the reform and opening up，Under the current system，Because everyone commented on the professional title、Divided houses、Children enroll in day care，Everything needs scientific research "results" to support，So the easiest way is to pass the Criminal Code、Criminal Law Chronicles to study ancient laws，If after eight、I spent nine years in the library digging through old papers before writing a book，That will delay everything。So it is inevitable and understandable to draw such a one-sided conclusion。Mr. Yang Yifan collected and published a large number of first-hand ancient legal and historical materials，Not only makes us re-examine the previous Chinese legal history，It also makes us re-examine the objective history of Chinese law。In fact, ancient Chinese civil law was very developed，But it is between individual natural persons through courtesy、Adjustments between families，It depends on customs，And these are not written in the law，It was written in the judge’s mind，Current folk habits also play this role。Professor Wu also used the example of “dividing water” among the production team when he jumped in line、The role of these habits is illustrated by examples of cooperative members "dividing persimmons" and village directors handling farmers' fights according to the principle of "supporting minor injuries and supporting serious injuries"。
The second topic Mr. Zhang Weiren talked about was the problem that Westerners think that traditional Chinese judicial decisions lack certainty and predictability，He thinks this is also caused by not understanding China’s judicial system。Take the judiciary in the Ming and Qing Dynasties as an example，Due to the characteristics of small government in ancient China，In a place with tens of thousands or hundreds of thousands of people，The magistrate is responsible for both administration and justice，In fact, the bet365 live casino and sports bettingmain task of the county magistrate is to collect taxes and welcome people，His judicial work is mainly completed by scribes and secretaries，These two types of legal professionals formed due to special reasons，The basis for judging cases is mainly legal orders and finalized cases。Regulations on avoidance of official appointments in accordance with the laws of the Qing Dynasty，Even if you are a friend of the screenwriter, you cannot set the screen within 500 miles of your hometown，So when drafting judicial judgment opinions，Completely approve cases in the province where they are located，The case itself has a high degree of certainty，Prefecture and county officials rarely handle cases according to their own opinions。The ancient state and county officials did not pursue empty justice，Because he is more worried about himself and his superiors，The more routine the better，I will never make trouble，The ancient Chinese bureaucracy had its own set of methods for operation and maintenance。High certainty and predictability，Not the highest value of the judicial system，It is also unscientific to use this as a standard to judge the quality of ancient China’s judicial system。
Professor Yang Yifan thinks，The issue of legal certainty must be divided into normal periods and abnormal periods，In abnormal times of social turmoil，The law is useless，There is no legal certainty。A meeting was held in Beijing to discuss judicial certainty，Professor Yang Yifan introduced his own point of view by first clarifying what certainty is。To study ancient judicial documents，It is impossible to explain the problem through just a few cases。A shortcoming of ancient justice，Maybe it’s low efficiency，A lawsuit has been going on for several years，It is by no means without certainty。
Professor Wu Shuchen believes that the certainty of law is a philosophical proposition，Do humans have enough wisdom and ability to abstract objective and effective laws from the complex and ever-changing social life。He believes that our ancient justice is certain。First, look at the completeness of legislation，The excavation of Qin bamboo slips in Sleeping Tiger Land and Yunmeng allows us to truly realize that "everything depends on the law" in the Qin Dynasty、To what extent has "everything has its own rules" reached?，Qin actually used bows, arrows and laws to unify the six countries，"A wise king governs the officials but not the people"，Governing officials relies on complete laws；Secondly，In ancient times, when written laws were incomplete or existing laws did not conform to the new policies of the ruling class，Judges will solve the problem of rigid bet365 casino blackjackstatutory law by creating applicable precedents，And the precedents are also certain (Professor Wu Shuchen also cited several cases from Dong Zhongshu's "Spring and Autumn Judgment")；The successful experience of ancient Chinese legal practice is to use examples to assist laws，Use examples to explain the meaning of legal provisions；Last，The judge is handling the case，Although there are cases where natural principles, human feelings and personal will are mixed in，Those are just different situations，It does not destroy the certainty of the entire law。
Professors introducing their views，We also answer and explain students’ questions from time to time。Although it is early winter outside the window，Yellow leaves flying，Loneliness and desolation，It’s warm and cozy inside，Like a spring breeze。Legal history may not be as "cold" as people think？
