法文化视野中的晚清武穴教案

Wuxue Case Analysis under Field of Law Culture

武穴教案的背后有复杂的法律文化原因。从起因看,反映出民众的法律思维偏重于感性思维,程序法律意识欠缺,对隐私权缺乏尊重和理解。从案件的审判过程看,反映出中西法律文化的巨大差异:中方侧重于保护官员、惩治平民,英方强调官员的法律责任;中方习惯于政治处理,英方倾向于法律处理;刑罚方式上中方使用肉刑,英方认为太野蛮残酷。

There existed complex legal cultural reasons under the Wuxue Case in Qing Dynasty. View fIom the case causes, affective thinking was emphasized in the legal event for the ordinary people. They were lack of procedure consciousness, and had few respect and understanding to the private rights. The obvious difference of legal culture of China and the west also could be found in the judicatory process： Chinese judge protected officers and punished common people, while the English emphasized the duty of officers; Chinese judge used to decide according to the situation, while the English according to the law; corporal punishment was used by Chinese judge, while the English regarded it as cruel and barbarous means.