摘要
The Chinese have created the concept of“humanity,reason and law”and developed a mentality around it.Since Confucianism was highly valued in the Han Dynasty,especially during the Han,Wei,and Six Dynasties periods,the exploration and analysis of“humanity and reason”in judicial practice has been widespread.This has led to the“filtering”and examination of laws based on“humanity and reason.”The objective aspect of“humanity”refers to the facts and circumstances of a case,extending to the latent emotions of the people involved.Confucian scholars proposed the principle of“judging a case based on its original sentiments and emotions.”The subjective aspect of“humanity”refers to sentiment and emotion,such as the“willingness”or“unwillingness”of both parties in a divorce case.The combination of the objective and subjective aspects of“humanity”together with their“reason”form the essence of“humanity,reason and law”and is the main content of this concept.“Humanity,reason and law”serves as both a principle of legal formulation and a method of application and interpretation.In modern times,SHEN Jiaben and XIE Juezai were pivotal in the development of“humanity,reason and law”mentality.SHEN Jiaben facilitated the transition from tradition to modernity,while XIE Juezai integrated ancient and excellent traditions into revolutionary legal practices,giving it a modern significance.
