After the court investigation, President D did not directly announce his participation in the court debate, but led both parties to read ancient poems.

Boiled beans burn beans, and the beans weep in the kettle.

since we are born from the same root, why are we in such a hurry?

This seven-step poem by Cao Zhi in the Three Kingdoms period was repeated in the court, and the plaintiff and defendant read it ten times in turn at the request of the president.

when I read it for the seventh time, my brother remembered the days when he was a child and lived alone behind his brother's back, and he broke down in tears. The younger brother saw that his brother had a bun that was also broken in half and stuffed into himself, and he could not help but bow his head in shame.

The plaintiff and the defendant in this case are biological brothers, because the inheritance of a house foundation carried the lawsuit from the first trial to the second trial, and every inch of land was lost.

After reading it for ten times, the two brothers wept bitterly in court and shook hands to make peace.

This poem has been widely circulated among the people for thousands of years, and it has become a teaching material for people to persuade their brothers to fight against each other.

President D skillfully quoted this poem to successfully resolve the contradiction arising from this inheritance dispute, and recalled the deep brotherhood between the two brothers.

Many times, an emotional story is far more convincing than a rational legal provision.

2

Of course, there are also examples of failure.

The same brother disputed the property dispute, and the judge did the same thing. During mediation, they were educated with seven-step poems and asked to recite them in court.

The two brothers recited the scriptures ten times as the young monk did. After reciting it, I feel that I am a bean, and the other party is frying my own bean jelly, accusing each other of being unkind, and wrestling together while cursing.

Everyone teases: If you meet a party with such a position and thinking, it will not help if you ask him to recite the poem a hundred times.

Although the result of the attempt is mixed success and failure, it has become a habitual routine for civil judges to quote classics in court trials and judgments.

Especially when the husband and wife parted ways, the children refused to support them, the brothers turned against each other, and the neighbors contended for each other ... these disputes related to kinship, identity and neighboring relations, civil judges suddenly became experts in allusions.

3

When a colleague was investigating the scene of a dispute over neighboring relations, the plaintiff insisted that the roadbed was within the scope of his homestead, and the defendant argued that the roadbed was formed in history, not the plaintiff's.

Both sides have their own words, and they can't produce strong evidence, but the dispute has existed for more than ten years.

The original defendants at the scene were all in the position of a group of family and friends, and they helped each other to cheer up. The atmosphere was tense and tense.

Colleagues were unhurried, unhurried and impatient. Among a group of people, they told a story:

During the reign of Kangxi, the mansion of Prime Minister Zhang Ying was adjacent to Wu Zhai. When the Wu family built the house, they occupied the Zhang family's open space, and the Zhang family refused to appeal to the county government.

Both Zhang and Wu are noble families, and the county magistrate is in a dilemma and cannot make a judgment. When Zhang Ying's family saw that it was difficult to argue, they wrote to Zhang Ying and told him about it, hoping that the Prime Minister would support the family.

Zhang Ying didn't approve of her family's behavior of disturbing the government for the land boundary, so she took a pen and wrote four poems on her family's book: "A piece of paper is only a wall, so why not let it be three feet? Wan Li, the Great Wall, is still here today, but I don't see Qin Shihuang."

after receiving the letter, the Zhang family felt deeply guilty and gave up the three-foot foundation without hesitation. The Wu family was moved by the generosity of "the prime minister can hold a boat in his stomach", so he followed the example of the Zhang family and gave back three feet of foundation, forming a six-foot-wide roadway, which was called "six-foot lane" by the villagers.

after listening to the story, both parties bowed their heads and said nothing, as if they had realized something.

Colleagues pursued the victory, seized the opportunity, and mediated separately, and finally resolved the subgrade dispute that could not be judged by evidence for more than ten years.

There are some objective facts that can't be confirmed by evidence. Some disputes are not completely covered by the function of law. But perhaps the judge will create another possibility of dispute resolution by quoting classics.

4

Not only in court trials and mediation, but also civil judges have tried to quote classics as judgments or post-judgment messages.

I once saw a judgment quoted by a Beijing colleague who was widely recognized and praised on the Internet.

In the case, the old mother had terminal cancer, but the children went to court for real estate.

The two sons took out written evidence, which said that the house belonged to them. However, because the written evidence was not notarized, the three daughters did not recognize it. Thus, the testimony of the old mother became the key. The testimony of the old mother finally favored the son, and the court ruled that the property belonged to the two sons.

In the judgment, this colleague quoted Meng Jiao's "the thread in the hands of a fond-hearted mother, makes clothes for the body of her wayward boy." To convince the children: think more about family, let the last paragraph of the old mother's life go peacefully, and don't let her close her eyes after death.

After reading the verdict, my son said: The judge has spoken to my heart. We really should do this to make mother not sad.

The daughter cried when she saw the verdict: We understand what you wrote. We must take good care of the old mother. Please rest assured the judge.

A well-known poem calls back children's love for their mother.

Law is rigid, while morality is flexible. Those warm-hearted judges introduced a little ethical and moral advice with public order and good customs into the judgment, which made people read warmth and love from the cold legal documents.

5

Don't think that quoting classics is the original initiative of civil judges, and there are precedents in ancient and modern China and abroad.

In order to make a thorough reasoning, ancient judges used well-known classic quotations and historical allusions as reasons to persuade the parties and the public.

Lu Jiashu in the Qing Dynasty wrote in the judgment of "Brothers Striving for Property": "Ren Huang and Huang Yi were awarded, and the ancestral inheritance was disputed, and the lawsuit was unresolved for a long time. Fu Peng birds call young, kind birds feed back, and benevolence also. Bees gather at the sight of flowers, and deer gather at the sight of grass, which is also righteous. The geese gather in a row, and they are different from each other, and they are also polite. Worms block and drown, spiders spin webs and feed, and they are wise. Chickens don't crow in the morning, Yan doesn't arrive at the time, and he believes it. Peter's caterpillar is a fool, and there are still five permanent members. He is the spirit of all things, so don't you get anything? As the old saying goes, the same field is rich, and the shellfish are poor. We should be ashamed to analyze Jing Zhitian's family, and we should be regarded as Jiang Gong. Don't be afraid to change, think for yourself, and if you are not handsome again, you will be punished according to the law. "

The verdict criticizes the inhumanity and injustice of Ren Huang and Huang Yi in their dispute over property, and compares their injustice with the benevolence and righteousness of animals. It implies that Ren Huang's and Huang Yi's behavior of fighting for ancestral inheritance violates the ethics of the five permanent members.

Not only ancient judges in China, but also a judgment of the Supreme Court of the United States recognizing same-sex marriage actually quoted the Book of Rites? In a passage in "Faint Righteousness", Confucianism is used to demonstrate the importance of the marriage system.

With the quoted famous aphorisms, the judge not only achieved the purpose of persuading the audience, but also narrowed the sense of distance between the audience and the judge in a humanized way.

6

Of course, there are also judges who overcompensate and carelessly quote classics to lead to disputes and troubles.

In the judgment of a divorce case, the judge quoted Xin Qiji's words: the crowd looked for him for thousands of Baidu, and suddenly looked back, but the man was in the dim light. This judgment was dubbed as "poetic judgment".

Recently, there was the most controversial judgment. A judge in Chongqing wrote the expression in the Gospel of Matthew in the Bible into the divorce judgment, and some people commented it as "the most embarrassing judgment in history".

most of these quotations are controversial because they don't grasp the scale, ignore the legal provisions, and only pay attention to moral judgment.

For example, the legal reason for divorce is whether the relationship is broken, and a poem weakens the examination of the relationship between two people. Similarly, the quotation of biblical teachings also weakens the color of existing laws.

after all, moral judgment can never replace legal judgment. Therefore, when a civil judge is busy quoting classics, he should never forget to make a clear investigation: can this quotation play an explanatory role in the interpretation of the judgment?

6

Maybe some quotations are crude and the reasoning effect is not satisfactory.

However, at least one thing needs to be explained. Civil judges are not deliberately ostentatious, nor are they mysteriously showing their brilliant literary talents.

Through the trial and judgment one by one, at least we can see the sincerity of the judge trying to try and judge from all dimensions of emotion, reason and law.