传统司法中的人情及其现代意义

中国传统司法中的人情内涵丰富,包涵了案件中的情感、事实与人性三个维度的意义。透过传统司法中人情与国法之间的平衡可以发现,传统司法中的当事人并不是抽象意义上的行为人,而是通过情理展现出的具体情感关系和人伦关系中的个人。从这个意义上说,传统司法注重人情的特点恰可以弥补现代法律以行为为中心所造成的对具体个人的遗忘。

Human relationship in traditional judiciary and its modern significance

The connotation of human relationship in Chinese traditional judiciary is pretty rich, including significance of three dimensions such as emotions, facts and humanity in case. Through the balance between human relationship and state law in traditional judiciary, it could be found that the litigant in traditional judiciary is not the perpetrator in abstract sense, but the person in specific emotional relationships and human relations showed by the sense. In this sense, the characteristics of traditional judiciary paying attention to human relationship could just make up the forgetting on specific individuals caused by the modern law by taking acting behavior as the center.