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China Disabled Persons' Legal Protection Of Historical Research

Posted on:2005-10-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z C XiangFull Text:PDF
GTID:1116360122481875Subject:Legal History
Abstract/Summary:PDF Full Text Request
The main idea of the paper is to explore legal questions with regard to protection of disabled people in Chinese history. According to the paper, the protection of vulnerable groups such as disabled people maintains the continuity and succession with systematic and theoretical guide and stipulations in the past dynasties of China. The characteristic of Chinese legal system is rare in the development of legal system of the world. As a social phenomena, the existence of disabled people is bound to influence society. Any rulers should not ignore the existence of the special group. In Chinese history, with the deepening of people's understanding of disabled people, in accordance with the demand of developing social economy and running a state, many sensible rulers made some rules or took some measures to help the special group, such as exemption from taxes, pension for disabled people, award and relief for disabled people wound in a war. These measures showed that the government did care about the special group. Both "supporting widowers, widows, orphans and the childless" in Xi Zhou Dynasty and "ten policies for people's recuperation" in Qing Dynasty reflected the essence of traditional Chinese culture. From past thinkers' expositions to the characteristic and making of policies and laws, the author expounds collecting supporting, preferential relief, education and obtaining employment, exemption of taxes, relief with grain, marriage and family, penalty and appraisal of justice , etc. Although different dynasties have their own peculiarities in accordance with economic and social developing levels, helping the disabled, the aged, and the young is a rule that permeated past thinkers' theories and the development of policies and legal systems of the past dynasties. By comparison, the author points out that in view of the limitation of social economy, collective supporting for disabled people appeared only in certain periods in Chinese history. From the angle of protecting disabled people, the effect of collective supporting ,in other words, the range of beneficiaries of collective supporting was strictly limited. Among disabled people, few of them got collective supporting, most of them were looked after at home, because Chinese society was based on clans. In ancient China, small-scale peasant economy was grounded in clans. Since families came into being, they played an important role in supporting disabled people. For most disabled people, they lived in families and took up some work and study within their power. In some sense, families took the important responsibility and obligation of supporting disabled people, so families functioned as the basic support of disabled people. This is Chinese characteristic in supporting disabled people. The paper is divided into two parts, altogether 17 chapters. Part I is an ancient part, in all 12 chapters. Chapter 1 is about the criterion for disabled people in law and means of identification. Chapter 1 deals with identification , standard and laws relating to disabled people. Chapter 1 starts with the material from the earliest inscriptions on bones from the Yin ruins. Through the discussions on disabled people of past dynasties, according to various types, such as disabled people in limbs, eyesight, hearing, language, intelligence, mind, leper, person without complete organs, the author explores and introduces the laws and the process of identification about the people mentioned above. Meanwhile the author reveals his opinions about some ideas of other scholars. Chapter 2 is about political and legal thought concerning protecting disabled people. Chapter 2 explores and introduces theories about great harmony, mutual love, relief, support, exemption from taxes, preferred relief, prevention of disabled people, extinction of mutilating punishment to minimize the number of disabled people, and sums up the four traits of advance, foresight, reality, limitations. Chapter 3 to Chapter 10, through exploring and sorting out large amount...
Keywords/Search Tags:Persons',
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