The book "Su Shihaitang poetry" Xianyu Shu

From:Http://www.3zitie.cn/html6/2009414/zitie_239_4.html

   

Xianyu Shu (1246-1302The Yuan Dynasty), the famous calligrapher. The word "machine, in room" trapped Science Camp Zhai ", since the number of stranded villagers, learn, and sent straight man. The ancestral home of the Dexing house (now Zhuolu County Zhangjiakou), was born in Bianliang (now the Henan Kaifeng). Han, mostly (this Beijing) people, said Yu Yang (now Beijing Jixian County) people, has in Yangzhou, Hangzhou. Dade six years (1302As a typical thin too often). Yuan Khan was selected as the agency between Eastern experience, after the eastern Zhejiang Province. Too often, his code book. Good poetry and antiques, the name was at the time, most of the calligraphy achievement. Ming Quan Zhu "spectrum" Taihe pronunciation its inclusion in the "Lin Yingjie" one hundred and fifty men. "The new Yuan Shi" has passed.

Calligraphy works of Xianyu Shu handed down about forty pieces, more cursive, and ink. His calligraphy in the Tang Dynasty calligraphy, then began with the two kings. His skills, good wrist words, like to use brush, emphasizing the strength. His characters Kai Xiong Yi Stubbs, round and powerful, of great momentum and do not break the rules. Line structure is careful, power is full, and natural. Learning cursive Huai Su and the new technique, vertical Stanford, magnificent.

The Ming Dynasty Wang Shizhen taste fresh in the cloud "erudite, negative material gas, Maung Wei and beard, which father class. I see the cursive, tend to force wins, and lack of attitude, just as people, therefore claim gradually not enemy Zhao Wuxing. "

Because the life position is not high, Chang Fu home, Xianyu Shu to give full play to their talent for art, he has the expertise of calligraphy, but also a writer, wrote many poems. He also composes, plays the piano so well, but also in the identification of cultural relics. Because of a wide range of artistic accomplishment, and the fusion to calligraphy, Xianyu Shu party becomes master of calligraphy. Xianyu Shu early learning calligraphy, not as the ancients, even in the wild to see two people in the car in the mud, insight. He writes with center back and wrist, Lin Chun heartily, magnificent momentum and a big word, as odd state phenomena. Xianyu Shu and long line, regular script, cursive, particularly for the most cursive. His skill is very solid, wrist as word, in strong, wrote "trapped school vegetarian set". Xianyu Shu and Zhao MengTiaoPar, the same as the Yuan Dynasty calligraphy "giant", and said "Ermiao", "two", but the effect is inferior to Zhao MengTiao.

In the world of Xianyu Shu ink, the book "Su Shihaitang poetry" is one of the representative. A papyrus of the longitudinal34.5Cm, lateral584Cm, line in Su Shi chant Begonia seven words long ancient, volume after the yuan, Ming has many calligraphers of inscriptions and seal. Yuan Qiu GUI Ba said: "little Weng cursive repair 'six' (Note:" six arts "refers to the" easy "," book "," poetry "," Li "," music "," spring and Autumn "" Six Classics "), without a Gou set. Everyone knows the Hao Jian Qiu Jin, but not its preparation section in it." Ming Dong Qichang cloud: "Mr. Gai Dongpo repeatedly book" Begonia poem ", not under ten, primary machine to named Yin poem to the books, so as to put it."

    
   This volume of Xianyu Shu using elastic hard had written, in running script, and grass. Use multi method as Tang, Yuan Yuan Xiusuo said: "good to the wrist, the book round the strength, or on the use of Tang law." The Qing Dynasty xianyushu Ruan Yuan is "writing lively and powerful, in Sun Guoting, Li Beihai (Nanning)". Examination of this volume, and Yan "Jizhigao", "Liu in post" and "struggle" more fit between seat post, brush vertical Stanford, Qi State phenomena. All about 200 words, "take", "without a Gou set". From the pen point of view, Feng Lian ink gathers round, powerful, every stroke of the harvest, the setback, the...... All take it leisurely and unoppressively, but changes. Such as poly ink into a "point", is punctual, side point, pick some, even the potential scheduling, or big or small, or light or heavy, structure properly, so no. Such as horizontal, vertical, left, Na various word "elements", can express the subtlety tactfully and finely, such as "Zhang", "recommended", "China", "long" the word, although the picture, but "Yan not flying", make students form; "Zhang", "grass", "Hua", "halo", "in the words of" vertical painting, takes "the hanging needle" shape, the line of Jin Li, upright and strong...... Body slightly right to take potential, broad macro Stanford, vertical convergence degree; line of intermediate weed books, change regularity, benefit by the lively interest. This volume composition almost vertically flush, spaced evenly, is not stimulated vigorous, natural circulation. While the word and the word between the introduction I to "pull wire" of, more is in the upper and lower echo within gesture freely, which makes the left and right. In the full volume, as Mr. Liu Xingeng said: "the structure of rigorous and vertical Stanford, point line scholl and rich stereo feeling, emotional Xionghao essential transport and access rules. With his profound ability demonstrated to the calligraphy of the pursuit of formal beauty and creativity, which also showed their temperament, personality."

From:Http://baike.baidu.com/link? Url=Yfi-pY_jPyV2TvrVX8Ewwc0GyCS8lnRNQ6eoyACXlMB2OZJzzNxMAKqJVPV03FS2

 

"Zuo Zhuan" reflected in the spring and Autumn Period litigation and its inspiration for future generations

Cheng Zhengju   Henan University of Economics and Law

Abstract: "Zuo Zhuan" in litigation cases recorded in "V" and "lawsuit" is separated from the formulation of the two processing methods, the meaning of the expression, the case is different. V., expression is a request and demand to meet the requests of the court, is the process; through both a argue and dispute resolution; "struggle" and "song" the meaning of the expression is basically the same. The name of the spring and Autumn period of the judiciary have Si Kou, the division defeat and physical characteristics of procedure, has a normative. A fair, rational treatment litigation dispute is "Zuo Zhuan" mainstream meaning embodied in the parties in civil litigation, litigation status of both sides is equal. Litigation system exists in a certain class of litigation, but also some non rational expression. Settlement of disputes, mediation, reconciliation military Crusade, reflect the diversity characteristics.

     "Spring and Autumn" is China's existing first chronological history book, compiled by Confucius revision, record of the year in hidden BC (Lu722Years) to the Duke14Years (BC481Years) Co243Years of spring and autumn and world history. "Spring and Autumn" range of materials, including the royal archives, Lu history book policy, including the vassal state. Future generations of Confucian scholars will "spring and Autumn" respect for the "classics", called "after the spring and autumn". "Spring and Autumn". Later, scholars for a note, the note was called "". Spread so far "spring and Autumn" note transfer has three kinds: "Zuo Zhuan", "Gongyangzhuan" and "Guliang". In the "spring and Autumn" three pass, "Zuo Zhuan" are considered more important, some scholars think that it is a "spring and Autumn" related, relatively independent of the history. The "Zuo Zhuan" author, most believe and Confucius contemporary historian Zuoqiu Ming Lu, the compilation time is the early Warring States into a book. "Annals of Zuo Zhuan" record of the year in hidden BC (Lu722Years) to the Duke27Years (BC468Years) Co254Years of spring and autumn world history, "spring and Autumn" more than13Years. In the spring and Autumn period, "the Zhou Dynasty declined, the strong and weak, Qi, Chu, Qin, Jin was large, government by the party"."[1]In the spring and Autumn Period falling of ceremony, the leaders of the country judicial organization, how the procedure, how to Hou's internal and each leud treatment litigation disputes, how to realize the fairness and justice of the lawsuit idea, which is engaged in history research needs to explore the subject litigation system. This paper is based on this problem.

The procedure, judicial institutions name diversity and litigation

(a) the diversity of judicial organization name

In the spring and Autumn period, judicial organs or officials in most states called Sikou, such as "Zuo Wen Gong seven years" records: "Song Cheng died,...... Royal to sikou." "Zuozhuan" records: "set in Confucius as (Lu) Si Kou also." "Zuo Zhao Gong thirty-one years" said: "Qi Bao Wei Si kou." "Zuo Cheng Gong eighteen years" said: "a letter to the doctor, Qing Sai (QI) Sikou." Sikou as an official already appeared in the early Western Zhou, King Wu of Zhou Su Fen "with temperature to sikou",[2]When King Cheng Kang Shu letters in the Wei, and the Royal sikou.[3]The song and Sikou Sikou and small points, such as "Zuo Cheng Gong fifteen years" records: "to the people (who) minister of justice, Zhu (Wei) scales for less sikou." But in "tiger sleeping in the tomb of the Qin Bamboo Slips" Si Kou is a criminal name.[4]Company, in the "Zuo Zhuan" used to express one's situation is more common, such as Stuart, Sagong, Sima etc.. Sikou in the status below, Sagong, Sima stuart.

About Sikou duties, "Zuo Xianggong twenty-one years" recorded a dialogue between Lu Guozheng and Qing Ji Wuzi Sikou Zang Takenaka, when Lu around the thief more, season Wuzi questioned Wu Zhong reservoir said: why can't you reduce or prevent thieves cases? Wu Chung replied: I hid incompetence, can not stop the thieves cases. Ji Sunzi is severely pointed out: "the son Sikou, will steal is provided to." Namely you as Si Kou, prevent thieves cases is your responsibility. According to the "Zuo Zhuan" records, Sikou has prevent thieves have responsibilities, also has the execution of penalty functions, such as "Zuo Zhuang Gong twenty years" records: "husband Sikou slaughter." "Recorded in Zuo Xianggong three years": "please died in sikou." "Recorded in Zuozhuan Zhaogong two years": "do not die quickly, Ji Masakotoko."

 

In the spring and Autumn period, is located in the South Chinese Chu, Chen Er States judicial officer or judicial body known as the "Si Bai", such as "Zuo Wen Gong ten years" records: Chu Zixi fear and speech said: "Chen from the dead, and calumny, called minister will escape, Chen died in the division defeated." Duyu note said: "Chen, Chu Ming division crown division defeat." Kong Yingda Shu said: "words died in the division defeat, the crown is also legal punishment. "The Analects of Confucius" have 'CHEN Si Bai', Chen Chu, this name." "Zuo Ding three years" records: "(Tang Ren). Ma and Xian (Chu) often, often returned to Tang Hou, self arrest at the division defeat."

The justice minister said it was "truth", such as "Zuo Zhao Gong fourteen years" said: "Jin Xing Hou Yong Zi and struggleA surnameTian, long without a. Shi Jing Boru Chu, tert fish providence." Duyu note said: "Shi Jing Bo, Jin Li guan. Perturbation, generation of King peter." "Jin" in Mandarin, has the same records: "Jing Boru, Chu, tertiary fish Zanli." Wei Zhao notes: "Jin Jing Bo, science officer. Chan, help. Jing Boru Chu, the tertiary fish taken its officer." "Records of the historian official biography" said: "Lee, Duke Wen of Jin li. Heard from murder, arrested when dead." Kong Yingda Shu said: "science, prison officials also."

The ancient Chinese in argumentation based, judicial institutions are no exception, Sikou, division defeat and science officer sets the construction of rulers and judicial institutions of social peace, the pursuit of peace, and the desire for fairness, justice, rationality. "Shuowen" said: "Si, Chen Sexton on the outside; Kou, storm also lost, destroyed; also, the Jade also." "Ya" said: "our Lord." Company also has "the thing" meaning. Si Kou, the division defeat and science officer meaning: the thief, restore the damaged social order, and straighten out the adjustment of social relations.

(two) program of action

"Annals of Xuan Gong ten years" said: "Ji Si, Qi Houyuan died. Cui Wei Qi chu." Duyu note said: "Qi slightly give family, because of their farewell to innocence." Kong Yingda said: "Cui Zhuyou Chong to Shu Hui Gong Hui Gong, both die, high country two fear it through past the pet, and pet to Xinjun, the fear of theForcedAlready, but because the king by hong. Cui Zhu not guilty, the people doubt its thing, so don't say his name, omitted words Cui, see its ears give family escapade. And Johnny repair, doctor leave, innocent do not name. No name is innocent, because according to the book's's, to see the innocent. If you, or officer, or word." "Zuo Xuan Gong ten years" said: "summer, Qi Gong. Cui Zhuyou pet to Hui Gong, high, in fear of theForcedAlso. Gong died away, ran wei. Shuyue: '-', non sin; and let people, not to name. The doctor where the princes of illegal, informed the princes said: 'a' shou Chen Mou, lost temple, dare to sue. ' All silk messenger told; otherwise, not." Duyu note said: "the books and records of law: to both when the book to name, this was to family told, master and survival, to show innocence." Through the "spring and Autumn" and "Zuo Zhuan" the record shows, to name told reporters, not tell. If the guilty to, is stated by the surname and name of the form, such as "one's governors, lost temple, dare to sue." The proceedings start has formed some of the program. And as the "recorded in Mandarin, language week": "the king's child, slander king. Wang Yue: 'the people are hard pressed for announcement!' The wrath of the king, to Wei Wu, make supervision and vilified.[5]In order to sue is killed. The Mo ", Daoluyimu." "Week" the records show, told is a necessary procedure to start, even cruel king also follow established procedures in the implementation of punishment, "to tell you to kill, don't tell", is the legal procedure is unable to start.

Two, fairness, justice, rationality to deal with disputes is "Zuo" reflects the mainstream

(a) fair justice generally in disputes

　　1In the state of Song Hua was weak. Sima had expelled the case. "Zuo Xianggong six years" records: China weak and son swing grew up together, both at the Song Wangting administration, which often playing with each other, ridicule. A playful child swing angry, but in the hall, the set of weakly neck Le Roy, but China is not weak fierce resistance. This scene just be Song Ping see. Song Ping is recognized as the "Si Wu (Sima) and braces in North Korea, it is difficult to win." As Sima's weak in the hall on being insulted, did not revolt, the weak degree may be difficult to overcome the enemy. So, Song Ping ousted Sima Hua weak position, also expelled. Son swing Kin Si Cheng Zi Han said: "different punishment for the same crime, the non also. Special field in North Korea, "Yan sin." In this case, only the deposed and exiled Chinese weak unconscionability; both disputes in the event the parties at fault, the parties shall with crime and punishment; different punishment for the same crime, can not reflect the "fairness" punishment, adverse effects on the methods and results of treatment of this kind of unfair on society that is the sound of incalculable. By modern standards, this incident is not a lawsuit, at best, only general disputes. But the law and society get along swimmingly with each other, processing and general legal disputes with homogeneity. Zi Han on the incident handling opinions to some extent reflected the people to the case processing requirements and standards. "Zuo Zhuan" account of the incident, reflected should handle disputes justice expressed by the author, in order to achieve the purpose of punishing the evil intention. Kong Yingda drainage Hu Qian said: "the children do not Ah Kin, also by son swing to positive law, loyal to....... Pass the lift, the "spring and Autumn" justice, good and evil are see."

　　2Governing the country and on. At official events. "Zuo Xianggong twenty-six years" recorded for a Chu yoshitada (i.e. Prime Minister) section of the country between the sub tree and Cai ministers phonon governance and the incumbent evaluation of the dialogue, Yin Zimu asked the doctor: Chu Chu and Jin doctor yin? Phonon did not answer to the problem of Yin Zimu, said: "good country, enjoy not overstep and punishment not to abuse. I fear our people is reward and punishment and abuse, afraid of the. If not, too, but no abuse of ning. With the loss of good, Ning up prostitution." Phonon then illustrate Chu, Jin and the correct use of "punishment" and "reward" for personnel use the social effects. This section is about the problems though using the talent, but more involved is the national "punishment" fair, as applicable. The "reward not overstep and punishment do not abuse" embodied in the spring and Autumn Period rulers fair dealing with affairs of state ideology, "if not fortunately, but without excessive loss of Ning; with good, Ning up prostitution", is a manifestation of the cautious punishment thought.

　　3Jin invasion of the Cao Fawei case. "Recorded in Zuozhuan" Xi Gong twenty-eight years, Jin Shuai army invaded Cao Fawei, Cao, who captured two monarch. Shortly after the release of Wei Jin monarch, but Cao Guoguojun has been in custody without. The ambassador of Cao lobbying Jin Wen said: "different punishment for the same crime, the non also. Gradation, the letter in order to keep ritual, the punishment to the evil, to the three, if what you will." The ambassador of Cao said "different punishments" mean, Cao Wei both had offended the Jin, the Jin Cao Fawei invasion war, Cao Wei country kings were captured, the defending monarch were sent back to reset, and Cao Guo king still detained, same crime different punishment method. As a big country of the Jin should be justice, fair, fair treatment of the vassal states of crime and punishment issues. This requires the ambassador of Cao embodies a helpless requirements in were bullying the weak, legal justice in common people hope through the recovery status of the weak should be.

　　4Lu Zhuang trial prison case. "Recorded in Zuo Zhuang Gong ten years", Zhuang Gong ten years (BC684Years) spring, Qi will launch a crusade against the war, the samurai Cao GUI asked how to prepare for the Duke Zhuang Qi, Lu Zhuang Gong expressed his love, worship, attain the people's trust the people thought, "huiben then people return Chi, min and then God blessed."[6]In talking about the lawsuit problem, Lu Zhuang said: "big and small, although not the police, demand the facts." In the trial of public lawsuit cases despite it is not one one to find out, but must be judged according to reason. The lawsuit way, "Zuo Zhuan" the author thinks is "loyalty is also". "Big and small, although not the police, demand the facts" of the case and the evaluation way of western18Century the theory of free proof is very similar.

(two) to spur bribes to act of the judge, justice, rationality

　　1Jin Xing Hou Yong son. And forA surnameTian case. "Zuo Zhao Gong fourteen years" records: "Jin Xing Hou Yong Zi and struggleA surnameTian, long without a. Shi Jing Boru Chu, tert fish providence. Han Xuanzi lives off the old prison, crime in Yong zi. The girl in the Shuyu Na Yong Zi, tert fish cover sin Xing hou. Xing Hounu, killing fish and Yong Zi to the tertiary. Xuan son asked his uncle to the. To the uncle said: 'three people with the crime, the students all forget. Yong who himself, but, to buy straight; crucian carp (refers to the tertiary fish) also sell prison; Xing Hou has also designed to kill. Is evil and claim credit due to others as a faint, corrupt officials in order to defeat as ink, kill not avoid is a thief. "Summer Book" Yue: faint, ink, thief, kill. Gao Tao. Also, please from. But Shi Xing Hou Yong, and the corpse and tertiary fish in the city." This is a Xing Hou Yong sub cases with land ownership dispute hearing the case records. Xing Hou Shen Gong Wu Chu Chen Shen Gong Wu Chen, Lu Xiang Gong twenty-six years (BC547Years) to Jin, Jin Xing Shen Gong will be sealed on the hill. Yong Ziyi Chu, in Lu Xiang Gong twenty-six years to the Jin, was closed inA surnameMore. Xing andA surnameBorder adjacent. Duke Zhao twelve years (BC530Years) the winter of December, Xing Hou and Yong aboutA surnameBoundary dispute lawsuit field to the highest judicial body of Jin, the mediation failed to reach an agreement, the case has not been settled. After hearing the case processing officer (judges), King Peter was invited to visit Li Chu, assistant (assistant judge) TERT fish became the trial of the case. Has become the "land dispute case" has made significant progress in the state of Jin ministers Han Xuanzi intervention, science officer tertiary fish carefully in the case study that: "sin in Yong zi." Yong son learned that the science officer opinion, then bribed science officer tertiary fish, and tertiary fish in receiving bribes Yong son, and pervert the law ruling Xing Hou lost. Xing Hou very angry, unexpectedly in the court of general science officer tertiary fish and the other party Yong Zi kill. Such a common civil disputes, because judges perverting the law creates a vicious criminal cases. For this come unexpectedly changes, had to intervene Jin Han Xuanzi Sydney is unexpected, can feel at a loss. Then Han Xuanzi asked of the tertiary to. Uncle to answer Yue: "Xing Hou, Yong Zi, tert fish three with the crime, the death, the dead corpse violence." Yong Zi knew that wrong but the trial way science officer bribery has to own a favorable judgment; tertiary fish take bribes, perverting the law; Xing Hou murder; three for the same. Is evil and claim credit due to others as a faint, corrupt officials in order to defeat as ink, kill not avoid is a thief. According to the circumstances, Yong Zi's behavior as "dusk", tert fish behavior as "ink", Xing Hou's behavior as "thief"; "Summer Book" Yue: faint, ink, thief, kill. This is Gao Tao has formulated and is generally follow the law, please follow. So they killed the Jin Xing Hou, and Yong and tertiary fish body exposed to the market. The processing results, Confucius evaluation said: "uncle, the ancient legacy of the straight; law, the penalty is not implicit in the dear, three tertiary fish evil, not to reduce, Yue Yi Fu, is straight." Confucius TERT to give a high evaluation, consider tertiary to ancient legacy, not by the tertiary fish (tertiary to the younger brother) is their relatives and hidden, can do justice, straight.

　　2Stem Yang person jail suit. "Recorded in Zuozhuan Zhaogong twenty-eight years": "winter, stem Yang a prison, w e can not be broken, to prison. The major approach to music, Wei Zi will be. Wei Wuwei Yan Mei, said: 'the main female width not to bribe smell to princes, if the stem Yang people, and not very yan. My son will remonstrance! ' All the promises. Back toward, to be in court. Fed people, called. Than the three sigh. Not only food, make the sitting. Wei Zi said: 'I heard granduncle, proverb said: only the fresh lotus. My son is eating between three sigh, why? ' The same remarks and said: 'or give two people wine, not to eat. Fed began to fear, its shortcomings, is a sigh. Mid guilty said: "the general food and inadequate? To sigh again. And fed the Bi, is willing to take the villain of the abdomen as the man of the heart, is tired of it. ' Son in his speech stalks Yang people." This is occurring in the Duke Zhao twenty-eight years (BC511Years) winter stalk Yang county court case, the stem Yang doctor Wei e can't pass judgment, then please abide to Jin Wang court case. The autumn of the year, Jin ruling minister Han Xuanzi died, Wei Xianzi's minister of state. Wei Xianzi to accept a party sent in stem. Yang Yan Yu case. As Xianzi bastard Wei Wuzi Wei Wei Xianzi not to make mistakes, but also for the protection of Wei Xianzi "not bribe heard in the princes" good reputation, begged Jin Secretary Yan Mei, female wide expostulation to Wei Yan, Xianzi, no female width two answer voice. The Yan didn't, female wide waiting in the Wei Xianzi residence, Wei Xianzi tuichao call two dinner. When the table, after Yan, female, not wide two "three sigh". Complete meal, Wei Xianzi asked: "I listen to the elders said, there is the saying: 'only eat lotus.' Two in the food three sigh, why?" Yan Mei, female two bit wide replied: I have been asked to two drinks last night, but did not eat dinner, feel very hungry. Now when the tableware, food placed on the worry is not enough to eat, this is a sigh; half the dish, worried about the food you Wei Zi is not enough to eat, this two sigh; and complete meals, we think that you feel Wei son and we should feel the same, eat on the line. "It is boring", that is to eat on the line. Implication: everything should have a degree, have the loss of their. Wei Yan did not Xianzi also understand, female two bit wide meant, so he quit the stem Yang people.

"Processing" record "Mandarin and Jin stem Yang person jail suit" after, its content and "Zuo Zhuan" records are similar, but differ in the details of the individual. "Mandarin and Jin" records: "stem Yang a prison, will be, please accept bribe in the Wei and Xianzi son in his will, Xu Zhi." This part clearly documented "stem Yang a prison, will be", namely the litigation party will lose; and "please accept bribe in the Wei and Xianzi, Xu son in his will," here "," not clear "". But, whether it is "," or "female", a word is "bribe", one of the parties has been sent, the referee Wei Xianzi to accept, and reject, this fact is consistent with the records. The patients were warned people, especially high-ranking officials should be clean, not because of indulgence, harm a person's reputation, bring harm to the family.

 

Litigation status, litigation three parties in civil disputes with equality

In "Zuo Zhuan" recorded several land disputes, the parties to the dispute of the different characteristics of social status, but litigation status in disputes with equality.

　　1JinButTo compete with weekHouTian case. "Zuo Cheng Gong eleven years": "Jin recordsButTo compete with weekHou(sound Hou) Tian, King Liu Kang, Zhu Jin Xianggong litigation single.ButAnd said: 'my temperature, therefore, it is not lost.' Liu Zi, the list said: 'Xi Zhou g business, make princes Fu letter, Su Fen students with temperature to Si Kou, and Tan Alberta letters on the river. SuEven thoughDi, but not in DI and Ben Wei Xiang, Wang Laowen, and give them warm, fox's, Yang's first, then and sub. If it is treated, Wang Guan City, sub ande? ' Jin HouButTo not dare." The case is aboutHouLand ownership disputes, the disputes arising in Lu Cheng Gong eleven years, B.C.580Years. One of the parties in a case is the Jin doctorButAnd, the other party is the king of Zhou, the admissibility of the case for jin. Liu Kang Gong, single week then filed a lawsuit to Jin xianggong. In the proceedings,ButTo argue:"HouOriginally Yizhi, temperature, and the temperature is YizhiBut's fief, so afraid to lose." King Zhou's agent Liu Kang male, single Gong said: "when the king of Zhou Shang, feudal lords, soothe the minister, Su Fen in life weekly Sikou, was sealed in the temperature, and Tan Alberta with packet in Hanoi. After the Soviet Union's vote, mutiny, and di ministry did not accept Su, Su's fled to Wei, the fief was recovered. Zhou Xiang Wang Jin Wen Zhiyi consolation will give Jin, Wen Yixian was sealed in the fox's, Yang's, then turn the letters on the shore. If you find by hard and thorough search, temperature is the king land,ButThere's an temperature?" After theButTo the Jin Hou intervention made concessions, a land dispute to conciliation.

According to both sides of the argument, toHouThe problem of attribution field, we are still not very clear. However, Kong Yingda has clearly explains the sparseHouLand ownership. Kong Shu said:"HouIs the temperature of the separated from don't EUP, temperature, temperature is jin,HouIs a week, the temperature isButThe city's old,ButShi has warm, is to separate out from temperature, should also be from the temperature of theButS, soButTo struggle. Then Liu Zi, list of words' Xiangwang lofven public and give the temperature ', toHouHave come, give Jin to temperature, don't give inHouAlso. Fox's, Yang's first Wen City, also not toHou,HouThis might belong to Jin, it is Wang Guan city." According to the pore,HouOrigin of Wen Yi, from temperature to separate, is not under the temperature. Zhou Xiang Wang Jin and give them the temperature of,HouFrom the temperature has been separated, soHouTo not belong to Jin, the Jin DynastyBut's temperature is not includedHouMore.

　　ButTo the doctor, a principality, even with the king of Zhou for land. On one hand, falling of ceremony, the spring and Autumn period, the patriarchal clan system has been damaged; on the other hand, both the spring and Autumn period of the parties to civil disputes has the equal legal status.

　　2Zhou Ganren and Jin Yan Yan Tian Jia dispute case. "Zuo Zhao Gong nine years" records: "Zhou Jin Yan Jia for Ganren and Yan tian. Jin Liang, Zhang CTiRong Faying (Yin Zhou Wang Shu Di rate)." The king Zhou Gan county territory and territorial Yan Xiang Jin doctor doctor Jiayin county land dispute between Jin and Liang, Zhang CTiLead the Yin Rong attacked and occupied the king of Zhou Deying, plundered clever people. The king sent to Jin Jin Zhan Huanbo processing "cited Rong Faying" event. Zhan Huanbo to Jin, to the king of Jin Jin Zhou king and ministers about the hardships of pioneering territory, in order to consolidate the feudal territory, and the people loved the enfeoffment system, also condemned the "Jin Rong of the week" unethical practices. After listening to the king of Zhou Shichen Zhan Huanbo litigation speech, as the Justiciar tertiary to that doctor Jin, Jin's Minister Han Xuan said: "the king Cizhi, the map?" That is the king on behalf of Zhan Huanbo speak very reasonable, Xuan son you will plan to deal with the matter? Just at this time, King Zhou had marriage funeral. Han Xuanzi "Zhao Chengru week suspension, and induced Yan Tian andSuiThe prisoner, ying." That sent Zhao Cheng to condole, comity controversial Yan Tian, also sent to the funeral. For equivalence comity, King Zhou Xiang Gan County, the doctor tied to Jin, to apologize. Jin is to be courteous, Gan Xiang back to the Zhou Dynasty and the doctor. The case is the civil dispute, controversy one party to King Zhou Gan county territory, the other party is Jin Yan County, the controversial subject matter for the land. The dispute was settled by way of reconciliation, embodies the equality of civil disputes.

Four, litigation and non rational expression

　　1Chen Sheng and Beth. Uncle Wang and struggle for power. "Zuo Xianggong ten years" said: "Uncle Wang Chen Sheng and Beth and struggle for power, Wang Youbo and. Wang Shuchen's anger and flee, and he, Wang Fuzhi, kill history as to say. No one, then. Jin Hou the scholarGaiThe room, Uncle Wang and primary and litigation behavior. Wang Shuzhi and Beth and kill doctor blemish avian prison to Wang ting,[7]ScholarGaiListen to the. Wang Shuzhi and said: 'Bimenguidou people, and all the trouble on the hills, away.' The flaw of bird said: 'in the East, us seven names from the king. Sacrifice with the fabrication, KingQRAOf, and give themXingOld union, said: 'the world's no negligence.' If Bimenguidou, its east end? And Wang HeQRAHow? Now since the Wang Shuzhi administration to bribe into, also, and punishment on pet. Officers of the division and brigade, be the rich. I can no Bimenguidou? The only country chart. Without straight, then what is it? ' Fan Xuanzi said: 'the emperor's right, widowed gentleman also right, the left and the left.' The Uncle Wang's with primary and close to, Uncle Wang's unable to lift the lease.[8]Wang Shuben Jin, no book is not reported, single Jing Gong Qing Shi with the Royal family." This is a non civil rights dispute case, Uncle Wang Chen Sheng and Beth and struggle for power. The situation in the paper, the "government" should be the two in the emperor's court status, scheduling problems. The king of Zhou two Qing Shi king uncle Chen Sheng and uncle and dispute, Zhou Wang tendency of Yu Boyu, king uncle Chen Sheng that King Zhou unfairness, then leave the Zhou king Wang Ting, ready to go to jin. Arrive at the border, the king sent to king uncle Chen Sheng comforted, and executed on the dispute between King Chen Sheng and the occurrence of primary and tertiary role history cunning, to please Wang Shuchen. But Wang Shuchen has not yet returned to King Wang Ting, but living in a border river. As the important Hou Jin piceGaiThe court of King Zhou collaboration between Uncle Wang and primary and litigation. Uncle Wang doctor retainers and Beth and blemish bird as both agents ad litem in court proceedings, the court in the king of Zhou royal court, ShiGaiAs the case of the presiding judge. Wang Shujiachen v. said: "living in Chapman small lowly person, but want to superior, in fact is also difficult to superior." The flaw of bird said: "Wang Dongqian, ministers from seven name," and the progenitor of all in one. "And the progenitor of responsible for the king to sacrifice, sacrifice the common, due diligence, and Beth and progenitor concludedXingOld covenant. Covenant said: 'the world's no negligence.' If Chapman, small, poor people, can follow the east? If Chapman small poor people, and how to get the king's trust? Now since the king uncle ruling, with the property of administrative penalty, minion college, no law. Military long is a bribe, very rich. As the primary and so honest people can not live in the Chapman, small? Which is not only the country can distinguish. In the lower people don't feel fair, then what about justice?"

After the debate, the right and wrong are basically clear. As one of the members of the collegial panel van Xuanzi also know the score, but in order not to offend people, said: "the emperor of the right, widowed gentleman also right, the left and the left." That is the king of Zhou approves of Jin, also favor; Zhou Wang against Jin, also opposed. Through the comparison between the two sides of the argument, Uncle Wang arguments miss the point, was sentenced to losing. Uncle Wang Jin Jing Gong instead of single escape, Uncle Wang Qing Shi, by royal.

According to modern litigation standard, Uncle Wang Chen Sheng and Beth and struggle for power case is not actionable. Uncle Chen Sheng and uncle and two per capita for King Zhou Deqing scholar, for administrative cases to the parties, but the two sides case litigation parties did not attend the litigation in court debate. According to the "" Zhou Li "," all life husband, Ming Fu not bow sitting prison." From the cases of litigation records, already exists in the spring and Autumn period of litigation system, and has been popularized in the scholar officials involved in litigation, formed the normalization of the system. In this case it is worth pondering: the case happened in the king Wang Ting, but the trial judge is the Jin people. Perhaps this is because of the powerful states in the trial of the case, have the ability to ensure the execution of the judgment.

 

 2Zheng Bo and many male cases.[9]"Zuo Cheng Gong four years" said: "the winter, November, Zheng Gongsun Shen Shuai Shi Jiang Xu, Xu was defeated the exhibition po. Zheng Bofa Xu, takeChuRen, Ling Dun land. Jin Luan book will Zhongjun, Xun Shouzuo, scholarXieWith the army, in order to save many of Zheng, the pan, offering. Chu son save Zheng, Zheng Bo and Xu Yan men suit. Huang Xu photo Zheng Bozhi speech, a child must not have, said: 'if a ruler as in oligo Jun, Jun two or three officers were heard with oligo two you desire, to know. Otherwise, the side is not enough to know the two nations'. " "Zuo Cheng Gong five years" said: "Xu Ling prosecution Zheng Bo in chu. In June, Zheng Dao Gong as Chu lawsuit, be. Chu Huang Xu and country." This is Zheng Guo and Xu a land dispute litigation. Lu Cheng Gong four years (BC587Years) winter November, Zheng Guo led the troops forced into King handsome and Xu Tian circles, and defeated a country in the exhibition Po. Then Zheng Guo took a countryChu.Ren, Ling Dun land. The Jin Luan book, Xun Shou, ShiXieShuai Jun save cutting Zheng Xu, and Zheng Guo pan, offering. Chu Zi anti Shuai Jun save Zheng, Zheng Guoguojun and Xu monarch will between them the dispute submitted to the sub - Chu, please sub inverse judgment. Huang Xu agent Zheng Guoguojun in court. Son can't make decision, and said: "if ye will dispute submitted the king of Chu, with several ministers together to listen to the litigation; if the two sides can reach a settlement, I will report the reconciliation; otherwise, I solve for you controversy between did not report what." Lu Cheng Gong five years, B.C.586Years, Xu Ling to Chu formally charged Zheng Guo Prince Zheng Dao gong. In June, Zheng Dao Gong to Chu responding, be. Chu seized Zheng Guo's agent ad litem Huang Xu and Zheng Mu Gong's son of china. This is between country and country land disputes, in case of acceptance of chu. Chu Zheng Guo allies, but still the fact judgment according to the Zheng Guo case, and custody of Zheng Guo's agent ad litem Huang Xu and Zheng Mu Gong's son of china. From the outcome of the proceedings, the verdict is impartial, embodies the principles of justice, but also non rational ingredient. This reflected the spring and Autumn period of nation justice upholding style, that justice is the country into its country support; on the other hand also reflected in the spring and Autumn period, hierarchy, the dispute because land problem, after losing punished not the monarch, but case litigation agent, this is the spring and Autumn Period litigation system of non rational expression.

　　3Wei Hou YuyuanXuanCase. "Recorded in Zuo Xi Gong twenty-eight years": "Jin Hou will be spring, Cao Cao, Tao Yu Wei, who Fuxu. Also, since the South River, Cao Fawei invasion. Lunar January Wu Shen five deer....... Wei Hou please Union, the Fuxu, Wei hou to Chu, Chinese people do not want to, so the gentleman to say in the jin. Wei Hou Xiang out in cattle....... Wei Hou Wenchu division was defeated, fear, and Suishi Chen chu. The elementXuanUncle Wu Feng by union....... Or V elementXuanYu Wei Hou Yue: 'Li uncle Wu.' The angle from the public, the minister to kill.XuanDon't waste life, Feng Yi Shu to keep. In June, Jin Fu Wei hou....... Wei Hou first into the. Ning Zixian, longZangThe thought that also, and on and. ChildeA surnameDogs, Hua Zhong precursor, tert generals mu, Wen Gong to, like, catchHairOut of the precursor, shot and killed. Known the guilty also, pillow shares and weep.A surnameThe dog out of the slain. ElementXuanChu jin....... Wei Hou and elementXuanLitigation, Ning Wu Zi as a supplement, needle Chuang-tzu sat, Shirong for people.[10]Wei Hou much. Kill shirong,XuanNeedle Chuang-tzu, Ning Yu Zhong from the predicate. The Wei Hou, attributed to the capital,HouThe deep chamber. Ning filial Na TuoZhanYan. ElementXuanTo Wei, Li's son." This is occurring in the Xi Gong twenty-eight years (BC632Years) things, Jin Wen Gong succeeded in retaliation for the exile of Cao Hou is rude, the soldiers for Cao Wei Wei Hou, tailgating, forbid, angered the powerful jin. After the punishment in Jin Cao, Wei hou to Jin Jin Alliance, not to be, to take refuge in Chu, Chu did not accept. Wei hou to save the unfavorable situation "international", please leave Jin, who are in the land of Xiang niu. The Jin Chu war broke out, the fear of failure, Wei Hou Jin further harm to oneself, then leave Chu, Chen, and ordered the elementXuanUncle Wu Jun support perturbation, presided over the Wei court. In the yuanXuanUncle Wu Wei state during the support of host, someone to report said: "Yuan Wei HouXuanHave made Uncle Wu for the defending monarch." Wei Hou for gospel truth, then will follow the Wei Hou yuanXuanThe sub sub angle kill. But the elementXuanStill uphold the principle of responsibility, Uncle Wu Wei state led support. Xi Gong twenty-eight years (BC632June years), due to Shu Wu Wei and Jin representative concluded a treaty of friendship, Wei hou to reset. Wei Hou without prior agreement to return date and come home early. Wei Hou Ning Zi, longZangRide into the Chao Cheng, childeA surnameDogs, Hua Zhong as precursor. Uncle Wu is ready to shower, I heard that Wei Hou home, very happy, holding the wet hair out, precursorA surnameDogs will kill uncle wu. Wei Hou know Uncle Wu innocence, wail over the corpse.A surnameCanine WeiZui abscond, be Wei Hou sent a shot. ElementXuanThink Wei Hou be killed Uncle Wu, unreasonable behavior, even criminal acts, to sue the Wei Jin hou. Chuang-tzu, Wei Hou Pai pin Ning Zi, Shirong as an agent to the respondent. In response, Kong Yingda said: "yuan notesXuanNot with the gentleman sitting, so that the needle Chuang-tzu Dai Weihou as Lord of the jail, Ning Zi as auxiliary, auxiliary Chuang-tzu. Taking the sub bit high, so the first words. Shi Rong Yifu Chuang-tzu, lifting its official title, with its main prison issue, it also makes the auxiliary, and the warden of Jin Li YuanXuanAlso." According to the lawsuit practice, as the courtiers of elementXuanShould not be with the defending monarch on the court, so the defending monarch sent needle Chuang-tzu as an agent, Ning Zi, Shirong assisted needle Chuang-tzu procedure. The court debate, "Zuo Zhuan" is not as detailed. The trial result is Wei Hou Wei Hou losing, on one of the agents of Shi Rong the death penalty, punishment is imposed on the needle not because of Chuang-tzu, Ning Wei Hou loyalty from punishment. Wei Jin Hou escorted the capital, the dark room, Ning Zi are responsible for the care of Wei Hou diet. After the procedure, elementXuanBack to Wei, Li Yong's perfect for the defending monarch.

The lawsuit to elementXuanWei Hou win, lose in the end. However, the results for some non rational factors, puzzling. First, Wei Hou after losing, Wei Hou I received the punishment of imprisonment can be understood, but as Wei Hou litigation representative personage Rong, Chuang-tzu, Yuexing needle were punishable by the death penalty, puzzling. Secondly, the same as a vassal of the Jin have rights to dispose of equal status patriotic monarch, his subjects, and runs counter to the idea of equality in modern litigation, puzzling.

For this litigation, "Mandarin" is also a corresponding record. "Mandarin, week or the other" records: "warm, Jin Wei into the public to week. Jin Hou please kill, Wang Yue: not! Fu Zheng from below, as political and downlink not inverse, so no complaints. This uncle for politics but no, no is not? Fu Junchen no prison, this elementXuanAlthough straight, not audible also. His father is in prison, the prison, also is supreme. But Uncle heard,[11]A reverse. And kill the King Hill, the ANN Yong punishment? Cloth punishment and do not need, then the inverse. A co princes and then inverse Zheng, Yu also fear the No. Otherwise what private in Yu Wei Hou? Jin is the GUI Wei hou." BC631Years, twenty year of King Xiang of Zhou, Lu Xi Gong twenty-nine years, princes in temperature alliance, as a leader of the Duke Wen of Jin in the alliance during the arrest Wei Cheng Gong, will he sent to Zhou Wangcheng, Zhou Xiang Wang request to kill him. Zhou Xiang Wang Jin accepted for this elementXuanV. Wei Hou case criticism. Zhou Xiang Wang think, there is no litigation between the monarch and his subjects, namely, "and no prison", yuanXuanAlthough the cause of action enough, Jin should not accept elementXuanLitigation request. If the conversation may bring a lawsuit, then between father and son also can check evidence of both parties at court, ethics not only without the a? Jin accepted elementXuanSue the king of litigation, this is the first breach of etiquette. Jin Chen now and kill you, is the second breach of etiquette. A feudal alliance appeared contrary to the rules of propriety two times, I'm afraid after Jin is difficult to reuse the alliance feudal etiquette. It seems, Zhou King Xiang Jin Yuan to acceptXuanV. Wei Hou case very angry, saying "no fear of the". This also explains about etiquette and social order between the perceptions of the spring and Autumn period and the Zhou Dynasty royal princes and maintenance are different. The king not to kill Wei Cheng Hou Jin, still can not be reconciled, sent for doctor Yan Jiu wine secretly murdered Wei Cheng gong. Dr. Wei Ning Shu cha know this matter, they bribe doctors Yan, please him to reduce the poison dose, Wei Cheng Gong not poisoned.[12]"The medicine of immortality, hemlock, and will not punish."[13]Back Hou was released back in the request.

　　4Huang Qing in V. two. Childe Chu case. "Zuo Xianggong twenty-three years" said: "Chen Houru chu. Childe yellow v. two Qing Yu Chu, Chu Renzhao. The Qing le to kill. Chen Ching's to revolt. Summer, Qu Jian from Chen Houwei chen....... They killed a tiger, Ching yin. Man of Chu Na son huang. The gentleman said: Qing's injustice, not to also. The "book" said: but not for life." This is the trial of a Chen who internal disputes. Gong twenty years (BC553Years), son of Huang from Qing Hu, Qing Yin slanderers, forced to leave to the state of Chu Chen, in order to protect. Gong twenty-three years (BC550Years), Chen hou to Chu, son of Huang was greedy event truth is clarified, son of yellow so also got the trust. Therefore, son Chu Qing Huang for prosecution of tiger, Ching Yin Chu, hope for justice. Chu Qing Hu Qing Yin, request to the state of Chu and son yellow on litigation. Qing Qing Yin Hu, dare not go, he sent Qing Le proxy respondent. Chu killed Ching's agent Qing le. After the Qing's rebellion, Chen Hou quelled the rebellion in the state of Chu Ching's help, killed the Qing Hu, Ching Yin childe, Huang was settled in the state of chu. The case also to justice and end. Zuoqiu Ming on the case said, as a gentleman called: "Qing's injustice, refused to forgive." So, "Shang Shu Kang patent" also said: "however, life is not for the", meaning is to survive, nonsense is to perish.

From this case can see, small justice need to rely on the power to achieve. The spring and Autumn period of litigation jurisdiction doesn't seem to have strict boundaries, as long as we can ensure the realization of justice, and in accordance with the standard of justice universally recognized, such jurisdiction can be accepted.

The diversity of forms, to solve the five disputes

(a) mediation

"Zuo Wen Gong fourteen years" records: "fourteen years, spring, are king, week Gongyue and Wang Sunsu Zhengzheng, so don't go. · a Duke Wang Sunsu with the litigation in the Jin, Wang Pan, Wang Sunsu,[14]The Yin and Zhou Yu Jin ran and litigation.[15]Zhao Xuanziping and the Royal family." Zhou Gongyue and Wang Sunsu litigation in the Jin case is the case for the government. Limited to the literature, some problems which are not very clear. Generally the case: Lu Wen Gong fourteen years (BC613Years) spring, week in week to King, king. Zhou Gongyue and Wang Sunsu two is busy for the right, not for the funeral. Zhou Gongyue is going to sue Su Jin. Then the king Kuang of Zhou went back on their promise to help Wang Sunsu Xu, to protect the duke. Zhou Qingshi Yinshi, doctor Zhou Zhou Jin Kai agent to ran when seeking truth. Jin Zhao Xuanzi accepted the case, taking into account the Royal peace, reconciliation, mediation in the meantime, the rehabilitation of their position, the peaceful settlement of the disputes between the two sides.

(two) using the equivalence method of the other party to the dispute over custody

"Zuozhuan" Zhao Gong twenty-three years recorded together in case people v. Jin Zhu lu. Zhao Gong twenty-three years (BC519Years) spring, Zhu country built Wing city walls, return shall be subject to the Wu Zhu country from the gu. Zhu country doctor GongsunChuThink: "Lu Yu I", proposed the southern bypass walking, not after the state of Lu wu. Zhu country doctor XuChuHill, weak, Mao thought: "road under the rain, will not, is not to also." Now it is the rainy season, if not timely return, the road is blocked, will not go back. Zhu country fortification team decided way Lu Wu arrived from the gu. When Zhu country fortification team way Lu Wucheng pass by before and after Lu interception, Lu who captured Zhu country fortification troops, and the seizure of Zhu country doctor XuChuHill, weak and Mao. Zhu country people think of the "Xitianduoniu" is a bit too much, then puts forward requests to send the doctor Jin, Lu Shu sunRecalcitrantResponding to the jin. Shu sunRecalcitrantAfter being detained to Jin jin. Jin Han Xuanzi Ling ShusunRecalcitrantAnd Zhu country doctor and court debate. Shu sunRecalcitrantIt said: "the nations of the Qing as a king, solid week system.[16]Zhu and Yi also, oligo your life back in meson service, please make when, can't waste weeks so." Shu sunRecalcitrantDetermined not to and Zhu country doctor to the tribunal. To put the Han Xuanzi Shu sunRecalcitrantTo be seized by Zhu country, equivalence for dispute resolution (because of his previous Lu seized Zhu state minister). Shu sunRecalcitrantAfter hearing went to Jin Ting, to show that as the ambassador of Lu will have succeeded in carrying out an assignment determination. Jin Si Kou Shijing "to weigh the advantages and disadvantages, not make things worse, then be Han Xuan said:" Fuliangtu, with Shu sun and proofread, Shu sun die. Lu Wu Shu sun, will perish zhu. Zhu Jun subjugation, will it be? Child though regret what and? The so-called leader, disobey also. If all hold, why the leader?" Han Xuanzi adopted the Shi Jing Bo advice, not Shu SunRecalcitrantTo Zhu country people, but will Shu SunRecalcitrantAnd his deputy sub clothes back respectively arranged under house arrest at different premises. Shi Jingbo listens to their arguments, Shu sunRecalcitrantAnd the son back to Kennedy speech "unyielding". Shi Jingbo will hear arguments to tell Han Xuanzi, Han Xuanzi decided to Shu SunRecalcitrantAnd others still "custody" do not put. Shi Jingbo lead the Shu sun and from four to "detention" house, "Zhu Pavilion as officials"[17]The messenger, to shame. Then, Jin back to Zhu monarch, Shi Jing Bo and to supply firewood difficulties, Shu SunRecalcitrantThe house moved to skip, sub service to library migration He Yi et al. Shu sunRecalcitrantIn the library, "although a day shall repair (i.e. refurbishment) the wall house", from the beginning to the end. Zhao Gong twenty-four years (BC518Years) spring, "Shu sun shower and go", the whole case ending.

This is a very interesting case. Zhu country in building small towns, on his way back to pass by from Gu Lu, was the army's interception, and built cities of all personnel to capture. Zhu Jin monarch to sue Lu Guo, hope of justice. In the state of Jin's request to send Lu Shu sunRecalcitrantJin Ju's to deal with disputes, but Shu sunRecalcitrantNot stick with Zhu country doctor to the court proceedings, as Hou Lu bureaucrats and as a sub country Zhu country monarch to court, should not and Zhu country doctor on the court, this is the development of the system. Han Xuanzi wants to Shu sunRecalcitrantEt al by Zhu country seized to Zhu state of hatred, because Lu seized Zhu country people, but worry it will irritate Shu sunRecalcitrantMake a mess of things. So, the science officer Shi Jingbo to take a compromise approach to handle the case, will the prophet Shu SunRecalcitrantAnd his deputy sub clothes back respectively arranged in different buildings, Shi Jing Bo respectively to Shu sunRecalcitrantAnd his deputy sub service back to their residential building to listen to their litigation. Shu sunRecalcitrantAnd the son back to insist the rational. Accept the "Jin Zhu Lu case people v." by means of mediation has been unable to solve the case, because one of the parties refuse to compromise. Jin from the thought of the "Xitianduoniu" practice a little too Zhu people in action, as a leader of the Jin State should DOSOMETHINPREVIOUSLYUNRELEASED in justice, to compel the through coercion, but with the ambassador of Lu several rounds of the contest, was handed to the problem solving played no role. The colonial Secretary Han Xuanzi after listening to the Shi Jing Bo about case report, decided on the princes house arrest. In leading the envoys to custody, specially pass by Zhu country people living in the building, in order to make Zhu Jian ShusunRecalcitrantShame; at the same time, Shu sunRecalcitrantLiving kei to building renovation, so every day, from first to last, in order to achieve the purpose of harassment, shame Shu sun. Shu sun in custody for a year before being allowed to return home. Treatment on the case, Kong Yingda Shu said: "Lu people real take Zhu division, two sub words unyielding person, cover with the chaopin conquest of his country, will Tao is not false, Zhu Lu Tao Zhu, is also the responsibility. No way, they also take the division, sin also. Xitianduoniu, for too much. Therefore, the Jasper v. he, long confinement to the Xie Jin Zhu, therefore, to release the next year." Holes that, in the case of Zhu's and Lu Guojun's fault, but from the view of the extent of the fault, Zhu country fault, the fault is larger; Jin Lu messenger as long detention a year enough to achieve the purpose of punishment.

Through this case, we see the realization of justice has diversity. Justice can not only through the judgment and execution of judgment to realize, but also by the party to gain dignity, the other party suffered humiliation to achieve specific form.

(three) reconciliation

"Mandarin and Jin" recorded with Fan Xuanzi and doctor for field case. This is a typical case of reconciliation. As the Jin Zheng Qing, Sydney Fan Xuanzi and Jin Yi doctor and a land border disputes, long and never. Fan Xuanzi wants to use force to resolve disputes, but also not sure, then respectively for Bo Hua, Sun Lin, Zhang old father, Qi Xi, Yan, by tertiary fish Jin's opinion, these people did not put forward the feasible solution. Uncle to that Fan Xuanzi and Zheng Tian incident, consult the Zi Tuo et al's opinions to the van Xuanzi suggestions. Sima Hou, Qi Wu Zi extension, three per capita, as Jin Zheng Qing fan Xuanzi should be based on national affairs as the most important, should make Jin "in no rape, the innocent people, without all of the patient, without the outer and inner worries", and should not be in the individual land problem on the entanglement, cost individual country energy, damage in Jin personal prestige. Fan Xuanzi listened to the views of the three, that makes sense, then take the initiative to give up the disputed land, to reach a settlement agreement and the doctor.

(four) to resolve disputes by way of military Crusade

"Zuo Xianggong twenty-six years" recorded in the "sun together Shisu Wei in the Jin case": "Ning Xi He Jun, rob....... Sun Lin father Qi Rujin. Who invaded the Qi East base. Sun Shisu in the Jin, Jin Shumao's. Colonization Chuo Famaoshi, kill Jin Shu three hundred. Kuai after, and dare to strike. The master said: 'Li of the better.' Then from the health division, defeated yu. YongChuThe colonization chuo. V. in the jin. The artificial sun so, called princes, will to please guard. In June, the association, Song Xiangxu, Zheng Liangxiao, Jin Zhao Wu Cao Ren Yu Chanyuan to seek Wei, Jiang Qi tian. Take Wei Xi Bi Yi's sixty with the sun. So Huizhi Wei hou. Jin Ning Xi, the palace maids to the North left, Qi Yixian. Wei Hou Rujin, Jin holds prisoners to weak and scholar's. In autumn, July, Qi Hou, Zheng Bowei Wei Hou so as jin. Jin Hou Jianxiang. The country made Yan Pingzhong private in the TERT sunflower: 'Jin Junxuan the Ming in the princes, the patient and the shirt is the violation of the rule of Que, tired, so is the leader also. Today's the gentleman, if what? ' Uncle to sue Zhao Wenzi, the child to tell Jin hou. Jin Hou Yanwei Hou sin, the uncle to tell Er Jun. Jin Hou Naixu Gui Weihou." This is because the king to change, change of interest a minister, and cause the dispute case. Gong twenty-six years (BC547Years) spring, Wei Ning Xi killed in the defending monarch nimble, the title once again as the defending monarch. Wei Sunlin father who stand in the defending monarch nimble, worry about Wei Hou title after reset to their own negative, even to endanger his life, then returned to his principality to Qi, announced the principality to Qi from the patriotic act arbitrarily, and take refuge in jin. Patriotic troops occupied the sun father forest dependency Qi Yi Dong bi. Sun filed against the patriotic appeal to Jin, Jin Dong Bi also sent troops occupied. Who leads his troops to attack the East colonization Chuo vulgar, kill Jin garrison three hundred. Sun Kuai in his father Sun Wenzi's encouragement to take over the health division, and captured the colonization of Chuo wei. After the sun once again to the claim. Jin Hou as the sun so, summoned the princes, song Zheng, Cao in Chanyuan common for Wei, Jin, song, Qi Zheng, Cao troops forced into Yitian circles, and Wei Xi Bi Yi's sixty IDA was placed under the sun. Jin also detained Wei Chenning Xi and Bei Gong Yi two people. Jin Wei Hou arrived when seized up, and sent to the main prison doctor Jin, the weak's custody. Gong twenty-six years (BC547Autumn years), Qi Jinggong, Zheng Jiangong is Wei Hou was a Jin Jin seizure events arrive, and Wei Hou detention. Jinbenggong hospitality of Qi, Zheng two monarch. Qi Xiangyan Ping Zhong Jin ruling Minister for tertiary to said: "Jin should be broadcast in Germany, with hardship, make up for the lack, correct violate ceremony, governance order, so that we can be the leader, but as the king of Wei Jin Wei Chen, I do not know how to dispose of?" Shu Xiang this to Jin Chen Zhao Wenzi, Zhao Wenzi to the king of jin. Jin Hou argues that detention Wei Hou is three hundred people died because of who Hou Jin troops killed Xu Shou Dong Bi, asked to tell Uncle Qi, the two Prince zheng. Jin Hou released Wei Hou, Wei Hou home.

This is accepting country and case case one of the parties at stake for the case, one of the parties is likely to be their allies or subject. The case from the beginning the unfair. However, in the case of admissibility under pressure from all sides, cases are solved more satisfactory. A party may not be the judge in the case, this is a basic law to ensure a fair trial. Jin for their own interests regardless of its allies detain identity, another country monarch, severely criticized this approach incurs Jin Li Qi national Yan zi.

(five) to solve large attitude decide disputes

　　1In case of people v. Jin Cao. "Zuo Xianggong seventeen years" said: "Wei Sun Kuaitian Yu Cao tunnel, Yin Ma to Qiu, destroy the bottle, Qiu Ren closed door andHeThe said: 'dear by Er Jun, my father is strict, do not worry about, and why the field for?' Xia, Wei Shi to buy, sun Kuai Cao Cao, takes heavy qiu. Cao Rensu Yu Jin." "Eighteen years, Xia, Jin people who buy the pedestrian stone to the eldest son, the sun Kuai pure left, Cao is also." The case is between two various Hou country related land disputes. Gong seventeen years (BC556Years), Wei sun Kuai crossing and Cao Guosui to hunting, to Qiu Wrangler, shaduf and destroy heavy qiu. Heavy Qiu reviled sun Kuai said: "your father to expel the monarch, the villain of the piece, the matter not sorrow, how want to Cao's hunting?" Sun Kuai unbearable insults, he leads his troops to attack Cao country, captured the heavy qiu. Cao Guoxiang proposed the demand of Jin Jin, want justice. In eighteen years (BC Xianggong555Xia, Jin years) in Zhangzi County, pure left county seized stone buy, Sun Kuai, to punish the two captured Cao Guozhong Qiu behavior.

　　2In the case of Cai Houzhu v. Chu. "Zuo Zhao Gong twenty-one years" records together "Cai Houzhu v. to Chu case": "fees endless pickup in country, and that Cai people said: 'do not obey to Zhu Chu, the king will east country. If you don't start from Wang Yu, Chu will Wei CAI. ' Cai Renju, Zhu and the east of china. Zhu v. to Chu, Chu Zi will discuss cai. Electrodeless said: 'Ping Hou Chu a union, the letter. The Janus faced, so the waste of. Ling Wang Shayin son, his son and the prince with evil, De Jun will be very, and the covenant, not also? And abandoned in Jun, Cai without him! '" The case is due to the small king scramble for the throne, the dispute case. Fei Wuji received a bribe the east country, to make the East China reached the Shangcai kings, and said to Cai Guoren: "Cai Guoguojun Zhu does not obey the king Yu Chuguo, intended to make the east to Cai Guoguojun, such as Cai Guobu from, Chu will send troops Wei cai." Cai people worry about a siege, and expelled Cai Guoguojun Zhu, a separate east country monarch. Cai Houzhu appeal to the state of Chu, Chu justice requirements. The desire to make cai. Fei Wuji said: "Cai Pinghou and Chu against a covenant, so the east country for Cai Guoguojun. Zhu Huaiyou's heart, it is waste. Father Prince hidden east country innocent killed by Cai Ling Wang, the son and the king hidden a prince of the common monk evil people, hidden a prince's son must appreciate the king, now, and made him king, is not it? Besides the dethronement Caihou power in the king, Cai people can only choose to obey." Fei Wuji's words were let to cancel the plan of Chu, Cai Houzhu appeal also settle a matter by leaving it unsettled. This shows that in the spring and Autumn period, small attachment powers, powers and interests of attitude determines the fate of small. Treatment of small internal disputes also depends to some degree on the attitudes of powers and interests.

Six, the conclusion

In "Zuo Zhuan" records of the case "v." and "lawsuit" is separated from the formulation of the two processing methods, the meaning of the expression, the case is different. V., expression is a request and demand to meet the requests of, such as "childe yellow v. two Qing Yu Chu case", "Zhu Lu in case people v. Jin", "sun Shisu Wei in the Jin case", "Cao people v. in the Jin case" and "case of Cai Houzhu v. in chu". Litigation, is the process through both a debate and resolve the dispute, such as "Zheng Bo and many male case" and "Hou Yuyuan WeiXuanCase". In "Zuo Zhuan" of "struggle" and "song" the meaning of the expression is basically the same, with it the same way, such as the "Jin Xing Hou Yong Zi and struggleA surnameTian case "," Uncle Chen Sheng and uncle and struggle for power case "and" Jin Yan Jia Zhou Ganren and fight Yan Tian case".

In the spring and Autumn period, country have the initiative to resolve disputes, especially relating to disputes between the two countries, and the disputes between the small interior minister and emperor of Zhou Dynasty, even between internal vassal dispute country still has the power to resolve the dispute; such as "Uncle Chen Sheng and uncle and struggle for power case" is hosted by the state. "The so-called leader, disobey also."[18]In "Zuo Zhuan" record13A procedure in case of disputes, the8One is by Jin presided over the trial,3One is from Chu presided over the trial, the other two are within a country land disputes, belongs to the civil case, is determined by the parties to the dispute case. The settlement of disputes, the realization of justice requires solutions through social moral, legal norms, the concept of fairness and justice for the common identity, but also need to ensure the implementation of strong solution. The spring and Autumn Period falling of ceremony, as the supreme authority of the Zhou Dynasty to maintain the normal social order, powerful states and justice, to maintain the original order banner, foreign conquests, processing related disputes. This makes the disordered society and has ordered the justice, respect, for an orderly society pursuit. Today American power in the international society, international relations, often excuse humanitarian intervention in the internal affairs of other countries, and even to overthrow a government practices, and the spring and Autumn period of power in society in the role is similar.

Fairness and justice is the eternal pursuit of a society. "" spring and Autumn "according to chaos and, on peace, more into the daping."[19]Even in the spring and Autumn period, feudal hegemony, social unrest, the mainstream values of the society is fairness and justice, this is a social existence and development of the value conversion. Yong Zi "dusk", tert fish "ink", Xing Hou's "thieves" are to be punished, uncle to the "straight" has been praised. A rational and objective are two people deal with the problem of basic point. Organization, program design, the settlement of disputes are to follow this basic idea. The settlement of disputes, the realization of justice can take a variety of ways, as long as can quell disputes, but also with the mainstream value of the society, to solve the disputes can be accepted.

 

 

Notes:

[1]"Historical records of the Zhou Ji".

[2]"Zuo Cheng Gong eighteen years".

[3]"Zuozhuan" set the public four years.

[4]"Tiger sleeping in the tomb of the Qin Bamboo Slips · legal question": "when the resistance and resistance to Si Kou Li Chen Wu, but (he) on? When the tolerance for Li chen. When the tolerance for Hou (Hou) crime falsely, can (HO) on? When the resistance is sikou. When the tolerance for Li Chen, in Sikou falsely, but (he) on? When the tolerance for Li Chen, (and) system with six year old city Dan "them" Si Kou "is obviously a criminal name

[5]"Mandarin, language week" Wei Zhao note said: "Wei Wu Wei, the witch prison, police also, with the divine, a notice of slander".

[6]"Mandarin Ruby language".

[7]"Zuo Xianggong ten years" Du Yu note said: "kill, retainer. The flaw of avian, Beth and belongs to the doctor. Prison, litigation also. "Zhou Li": 'life husband, Ming Fu not bow sitting prison', so the slaughter and belongs to the doctor to Ma Nao."

[8]"Zuo Xianggong ten years" Kong Yingda[Justice]Said: "he will quit, is also his offer, now reply also. And above all, to offer the speech, two reply, "and from straight, Wang Shuwu on, therefore cannot give the words also." 

 

[9]"The book of rites kingship" said: "the king of Lu Jue, male, Hou, Beth, son, all male, five. Doctor, doctor, Qing princes on staff sergeant, sergeant, a corporal, where five etc.." Zheng's note said: "the two five like the five row, rigid flexible ten. Paul, the food. Title, rank, and. Doctor Yue Qing."[10]"Zuo Xi Gong twenty-eight years" Du Yu note said: "time, prison administration officer. "Zhou Li": 'life husband, Ming Fu not bow sitting prison.' ElementXuanThey should not be sitting with you, so that the needle Chuang-tzu mainly, and the guards loyal and warden matter ZhengyuanXuan." Kong Yingda[Justice]Yue: "elementXuanNot with the gentleman sitting, so that the needle Chuang-tzu Dai Weihou as Lord of the jail, Ning Zi as auxiliary, auxiliary Chuang-tzu. Taking the sub bit high, so the first words. Shi Rong Yifu Chuang-tzu, lifting its official title, with its main prison issue, it also makes the auxiliary, and the warden of Jin Li YuanXuanAlso."

[11]Uncle, the Duke Wen of jin. See also: "Hong Zhuan to Mandarin direct solution", Fudan University press2000Year edition, No.83Page.

[12]Supra note[11]To be clear, wrote a book, article211Page.

[13]"Mandarin Ruby language".

[14]"Zuo Wen Gong fourteen years" Du Yu note said: "the king, King kuang. Rebel, not with." Yang Bojun notes: "a back its promise, too. Kuang Wang Xu helped Wang Sunsu cover early, then help the duke." See Yang Bojun wrote: "Zuo", Zhonghua Book Company1990Year edition, No.604Page.

[15]"Zuo Wen Gong fourteen years" Du Yu note said: "lawsuit, theory. The Yin, Zhou Qingshi, Jean Kai, doctor zhou." Yang Bojun's note: "Song Duke, and also for the Duke of Zhou grievance." Ibid. Note.

[16]"Zuo Zhao Gong twenty-three years" Du Yu note said: "in the ceremony, Secretary of state will be primary, sub, male, therefore when a king." Kong Yingda[Justice]Yue: "Xi Gong nineteen years passed and said: 'in the ceremony, Secretary of state not Gong Hou, will", son, male can.' In the ceremony, and meet when a king." "Records of the historian Lu Zhou family" said: "a week in Qufu Gongdan little Hao empty, is Lu gong." In the spring and Autumn period, leud title are divided into five: male, Hou, Beth, son, male. The Marquis; Zhu state for the Viscount of china.

[17]"Zuo Zhao Gong twenty-three years" Du Yu note said: "to make people see the humiliation of Zhu Shu sun." Kong Yingda[Justice]Yue: "Royal, that lead into, also, Yin Shu sun go to prison or. Shu sun from only the first four, too Zhu Jun Pavilion, and then take it as official, so Du Yun to humiliation to Zhu Jian Shusun."

[18]"Zuo Zhao Gong twenty-three years".

[19]Lv Simian: "the history", Shanghai ancient books publishing house2005Year edition, No.443Page.

From:Http://www.civillaw.com.cn/article/default.asp? Id=59347

Http://www.civillaw.com.cn/article/default.asp? Id=59348