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Analysis Of Ancient Chinese Judicial Liability And Legal Culture

Posted on:2003-07-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:1116360065461252Subject:Legal history
Abstract/Summary:PDF Full Text Request
The liability system of law-officer, is one of the important system in ancient China, also it is the basic administration law in ancient China.The government paid much attention to the system because it is crucial to the stabilization of the country. The system also can be regard as the important to the equity and the fairness of the judicatory, and the system can be regard as the symbol of the civilization.This dissertation gives a full review of the system of the liability of the law-officer, it mainly gives the contents, the history of development of the system. After this, the dissertation gives the example of the system. Then we can have sound evaluation on this system of ancient China. The dissertation don't stop here, it analyses the system with the viewpoint of the cultural background, and try to display the fascination of the culture in ancient China. At last the dissertation gives comparison with the nowadays system of the liability. Its aim is to find some use for reference.This dissertation have almost 200 thousands, and it divided into two parts which totally 5 chapters.There are two chapters in the first part. The review from static state; the review from dynamic state. There are three chapters in the second part. The cultural background of the system of the liability of the law-officer. The cultural value of the system. The cultural inherit of the system. There are preface and conclusion with the dissertation.In. the preface, the dissertation gives the definition of the concept of the liability of the law-officer, and then gives the method for research and the significance of the research.In the first part of the dissertation, from the historical viewpoint, the dissertation gives the review of the system of law-officer. The review can be divided into 16 aspects. This is from the static state. From this part, people can have an understanding of what is the basic content of the system. After this, the dissertation gives the review from dynamic state. This includes the process, the course, the function of the system. There are many cases in this part, and this gives the original appearance of the system in ancient China.The second part of the dissertation analyses the system of liability of law-officer from the viewpoint of the cultural background. The system of liability of law-officer can never be analyzed separated from this background. The system itself is the component of the Chinese traditional culture. Only do we have the understanding of the traditional Chinese traditional culture, can we have a better understanding of the system of the liability oflaw-officer.Based on the above analysis, we can draw three basic conclusions as least.First of all, the system of liability of law-officer of ancient China is one of the symbols of the maturity of the administration of country. Every dynasty paid much attention to it, which not only helped to supervise the justice, but also promoted the system develop. It is worthy to mention that its developed style shaped since Tang Dynasty, can even be referred by today's system of liability of law-officer.The system of liability of law-officer in ancient China is one of the results of the secularity of the law. With the declination of the system of ordeal, judges took the burden to decide the result of cases. To stick up for impartiality, the liability of law-officer playing the restricting pole came into being. Shaping early, well developed and severe-punishment are the characteristics.The system of liability of law-officer, originated and developed in China, is also the important content of ancient China legal culture. Rooted in Chinese culture, combined with other relevant culture elements, such as religion, morality and so on in its functioning can be the unique feature of the system of liability of law-officer.
Keywords/Search Tags:Liability
PDF Full Text Request
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