"Confucianization of Law" is the most important concept in the legal history of ancient China, which refers to the incorporation of the spirit or the actual provisions of the "Ii" into legal codes. The so-called "Confucianization of Law" takes its rise in the "Ch'un-Ch'iu Chueh-yu", which is about cases decisions based on the Spring and Autumn Annals or other Confucian classics in the Han dynasty. By virtue of the "Ch'un-Ch'iu Chueh-yu", the shift in emphasis from Legalist's law to Confucian views betokens a movement to merge the "fa" with "li". The revival of Confucian views also signals the retreat of Legalists' influence.
Despite its special status in the traditional Chinese legal system, "Ch'un-Ch'iu Chueh-yu" have arisen some problems. The most important problem resides in the supposed lack of "objectivity" or "accurate standard" in the criminal process and cases decisions, because of some unpredictable judgments that according to the esoteric, inexact, and ambiguous language or concepts rooted in these Confucian classics. For this reason, some results of these cases are insufficient to permit designation of the conclusions as "correct" or "reasonable", especially in political cases.
This essay doesn't involve all the process of the history of "Confucianization of Law", but only focus on this field:- "Ch'un-Ch'iu Chueh-yu" alone. It expounds seven cases in the Hah dynasty, and points out some methodological guidelines that shape the argument of these cases. This essay also seeks to expound its historical environment, the philosophical background, the development clue, and the special historical meaning in the system of imperial law.