Comparison of the"Jingci Proving Mother Case"and the"Selling Daughter for Sheepskin Case"—Also Addressing the Similarities and Differences in the Litigation Cultures of the Xiao Liang and Northern Wei
The Xiao Liang"Jingci Proving Mother Case"predates the Northern Wei"Selling Daughter for Sheepskin Case"by a full 10 years.Both cases are examples of a case within a case:they are not only general criminal cases but also involve familial matters.Legal provisions stipulate that once a case is linked to familial relationships,disputes are likely to arise,and considerations of"rationale"become the most significant variable affecting the direction of the case.From the progression of the cases,one can observe the differences in litigation culture between the two dynasties and recognize the tendency toward convergence in their legal systems.It is already common knowledge in the medieval era that moral teachings take precedence over law,and the phenomenon of coercing and hijacking the law under the guise of filial piety and familial obligations has gradually become the norm in judicial practice.
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