英文摘要 |
The judicial authority of ancient Chinese society is a kind of hierarchy authority with whole social effect. It is not only because the meaning of the law, common sense and moral of ancient society are coherent and thorough, but also ancient judiciary had gathered most of advantages about knowledge, moral, status, treasure and power to transcend other social stratum, due to the difference category illiteracy/intellectual and asymmetric distribution of social and matter capital brought by imperial examination system. In the modern society of functional differentiation, most people become law-ignorant. The phenomenon of legal illiterates not only embodies the ignorance of legal norm knowledge, but also the estrangement of the meaning of modern legal systems. Judges also lose the whole advantage of other group. In order to set up the whole social authority, we should dress up the foreground of modern legal systems by moral information and then can infer the inherent reliability of backstage through a kind of method of lower cognitive cost. On the other hand, we should borrow the judicial authority construction method and concentrate the advantages of different social fields on judges, thus mold judges into superior social stratum. |