Xuan Di, Emperor Gaozu, celebrated for four years, and Xuan Di announced: "When father and son are close, the way of husband and wife is natural. Although there are disasters, especially death. Sincere love is rooted in the heart, and kindness is the best. How to violate it? From now on, it is not a crime for a son to hide his parents, a wife to hide her husband and a grandson to hide his parents. His parents hide their children, his wife hides her husband, and his parents hide their grandchildren, all of which are fatal. Please let Ding Wei smell it. "-relatives hiding from each other means that close relatives can hide their criminal acts without being punished by law or mitigated punishment. However, some serious crimes, such as treason and big concealment, which touched the stability of feudal rule, directly violated imperial power or seriously undermined the order of feudal rule, and relatives still had the obligation to expose them. The Analects of Confucius? Lutz recorded a sentence of Confucius: "The father is the son, and the son is the father, straight in it. "Dong Zhongshu broke a classic case according to this statement: the father is a hidden son." A had no children and no daughters, and found a roadside B to raise his son. And when I grow up, I commit murder, with adverbial A, A hides from B, what should I say? Duanyue: A has no children, and it is very important to raise B. Although she was not born, who is easy? The poem says: moths have children, and ants have wins and losses. Compared with the strict rules of Legalists, the principle of "disregarding human feelings and being responsible for the results" and "concealing relatives" embodies the concern for human nature. According to Confucianism, kinship is the primary meaning of human nature, and love between relatives is the simplest emotion in the world. Behavior based on this kind of love should be tolerated and encouraged by law. This kind of Confucianism is undoubtedly a powerful tool for the rulers of the newly established feudal ruling dynasty in the Han Dynasty to appease the tortured people in the Qin Dynasty. Only the law based on human nature can be reasonable in essence and arouse the public's belief in "law".

In ancient China, judging cases in the Spring and Autumn Period effectively balanced the national law with the people's heart and human feelings, making "judging cases in prison" legal, reasonable and reasonable, thus realizing the unity of the three, coordinating the law with the people's heart and human feelings, thus shaping a simple legal consciousness, which is not only conducive to the popularization of legal knowledge, but also conducive to cultivating and consolidating a society that values morality, ethics and especially human feelings. Although Chunqiu Judgment is strictly a basis for judging cases outside the law, it has great social recognition and appeal and can be used as an alternative means to make up for legal loopholes and deficiencies.

Historically, the Spring and Autumn Judgments officially opened the process of the integration of etiquette and law, and its great value is as follows:

First, the spirit of ceremony is permeated into judicial practice, and ceremony leads the operation of law, so ceremony becomes the life and soul of law;

The second is to gradually turn the contents of the ceremony into legal provisions, which are stipulated in codes and laws. Not only that, the judgment of Chunqiu also shaped the basic character of the whole traditional law-"ethical law" characteristics.

It can be seen that the Spring and Autumn Trial has played an extremely important role in the influence of Confucianism on the whole traditional legal system. In addition, China followed the written law in ancient times, but the written law also has its shortcomings, and it is inevitable that there will be a legal "blind spot" in judicial trials. In order to solve the problem of "blind area", it is an ideal measure to create and apply "case law" appropriately. In the creation and application of ancient case law in China, Chunqiu Judgment of Han Dynasty is a successful model. The creation of case law generally has several forms: cases arising from righteousness, cases arising from cases, cases arising from laws and cases arising from customs. The Spring and Autumn Trial is a typical form of "a case born of righteousness". In the absence of explicit provisions in the law, Dong Zhongshu created precedents based on the legal consciousness and principles of Confucianism, that is, based on the words of benevolence and righteousness in the Spring and Autumn Annals, such as "initially discussing crimes", "keeping secrets from father and son", "there is no exception for the monarch", "what goes around comes around comes around" and "the son is not a son if he doesn't salute". At that time, this kind of judicial precedent was consistent.

Its progressive role is mainly manifested in two aspects:

First, it makes up for the deficiency of legal norms in legal reform, and as a relatively applicable auxiliary legal norm, it plays an active and important role in judging cases, especially difficult cases;

Second, to a certain extent, the cruel officials' indiscriminate punishment and murder and arbitrary "crime of entering people" were suppressed.

In the Han Dynasty, it was quite common for cruel officials to use the imperfect legal system and the incomplete legal content, and to correct harm and severely punish the law. Often dozens of people sentenced a case to "finger pointing", and one person escaped with ten crimes, which shocked the whole country. As "On Salt and Iron" reveals: "Today, the father is punished by his son, and the younger brother is punished by his younger brother, and the relatives sit next to each other. If I introduce Hua Ye, it will hurt my little finger. In this way, the guilty are used to punish the innocent, and the innocent people are a minority. " Since Confucianism has been affirmed as the guiding ideology of the law, its ideas of leniency in justice, morality first and punishment second have had a far-reaching impact on the implementation of the law, thus making the precedent created by the meaning of Spring and Autumn Annals play a certain role in restraining and restraining the illegal behavior of cruel officials.

In addition to the positive aspects, the judgment in Chunqiu also has negative aspects.

First, for the first time in history, examples are used to replace laws, and examples are used to undermine laws and undermine the seriousness of written laws. When we think that under the condition that the written law is not perfect, it is an affirmative legislative and judicial method to properly create and use precedents, which has its positive role and value. But just as the truth is fallacious if it goes one step further, it will go the other way if it goes too far, which is a historical fact. For example, Dong Zhongshu's subjective and objective method of judging cases was a valuable ideological proposition at that time and an advanced legal thought and strategy. However, in the trial practice, when the judge pushes it to only "repay evil for good" and "repay evil for good" to determine the size of the crime and the severity of the punishment, a good principle becomes an evil proposition, which will inevitably lead the judicial trial astray and eventually slide into the abyss of "subjective blame". If the magistrate only looks at the motive but not the facts when trying a case, it is actually the magistrate who ignores the law (especially when deciding the suspected prison), thus undermining the authority of the written code and the law. Therefore, the "Spring and Autumn Trial" is the first time in history to violate the law with examples, and its historical negative impact cannot be underestimated.

Secondly, it opens the door for cruel officials to dance with ink and arbitrarily "commit crimes against the people." The wind of "spring and autumn judgment" prevailed. Perhaps even Dong Zhongshu didn't expect that the Spring and Autumn Trial, which was originally intended to curb cruel officials' excessive punishment, often evolved into a weapon for cruel officials to do whatever they want and kill innocent people. Because Chunqiu is a comprehensive work of etiquette and righteousness, "there are tens of thousands of articles, thousands of indexes, and everything is scattered", coupled with the comments of later generations, a Chunqiu is even more "righteous". When judicial personnel decide prisons according to the Spring and Autumn Annals, they can often find justified reasons that meet their own needs. When it is difficult to find an accurate legal basis, judicial personnel are bound to take it out of context and compete at will, which makes it easier for them (especially brutal officials) to "do as the Romans do" and kill innocent people; Resulting in judicial arbitrariness, judicial corruption and legal nihilism.

Chapter Three: Reflection on Spring and Autumn Annals. In fact, Spring and Autumn Annals recorded some classic stories that we are already very familiar with: the festival of Zheng Bofa-many lines of injustice will kill you; Cao Gui debate-high-spirited; Gold uses danger to cut the enemy-lips are dead and teeth are cold; Li Ji Uprising —— The Reason for Zhong Er's Escape ...

Shi Kuang was blind and clear-headed. The remarks about Wei Xiangong being driven away by the people of China because of tyranny were more than a thousand years earlier than the famous "water can carry a boat and overturn it". Giza's remarks and predictions when he appreciated Zhou Le were basically fulfilled in the future. He was also a great man!

Wei robbed his father's woman, robbed his son's daughter-in-law, and followed the advice of Xuanzang, the heroine of the snake and scorpion, and planned to kill his son's son Ji, which was a must for all time. Childe Ji died generously for filial piety. The most touching thing is that the son of his brother Xuan Jiang died for his brother because of brotherhood. In the end, both brothers died, which was embarrassing.

Mrs. Chu Guowen's beauty led to the death of the country, Cai Hou was imprisoned to death, and the son of Chu State was killed. GongSunZi, the first handsome man in China, was jealous of the meritorious military service, but stabbed his comrade-in-arms Gao Shu in the back on the battlefield, and finally committed suicide in shame when he was found out. Looks are really a double-edged sword, whether it is beauty or blue.

The great Qi Huangong had a good brother, Qi Xianggong Pearl. Incest with my half-sister, Wen Jiang, and therefore killed my brother-in-law Lu Huangong, which of course ended badly. The greatest contribution is to help Yan destroy the Rongzhi country and the solitary bamboo country, drive away the red village, help, defend the country and restore the country. At that time, nomadic people were distributed among vassal States. Shan Rong is a descendant of Xia people, famous for being a native of the solitary bamboo country. The overlord of Qi Huangong, like Liang Wudi, starved to death. It's a pity that Guan Zhong died too early. After his death, Wuzi fought for power and profit and was buried 67 days later. Poor thing.

Guan Zhong's way of governing the country became the main thought of Laozi later, and military thought became the source of Sun Tzu's art of war. His thoughts on developing commerce, market economy, diplomatic strategy and foreign trade are still out of date. No wonder Zhuge Liang has been comparing himself with Guan Le. I don't agree whether Guan is the founder of Legalism. Although there are many later legalist thoughts and ruling styles, there are also many shadows of Confucianism and strategists. No wonder a hundred schools of thought later contended for the pipe. Confucius said, "If there were no pipes, we would all be like barbarians, with our hair on our left side."

Duke Jinping liked the competition of his ministers, but Shi Kuang despised him. You want to argue with the minister, just like the father and the son.

Priscilla's story is very inspiring, which concentrates the magic of Jiang Ziya and Guan Zhong. Jiang Ziya met Zhou Wuwang in her 80 s and Priscilla met Qin Mugong in her 70 s; Jiang Ziya fishing, thyme cattle; Guan Zhong has Bao Shu's teeth and Prissy has an uncle.