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Ming And Qing Dynasties Of First Instance Of The Study

Posted on:2006-02-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:R F GongFull Text:PDF
GTID:1116360152985206Subject:Legal history
Abstract/Summary:PDF Full Text Request
As an important part of the Chinese traditional legal mechanism, traditional Songxue were still unyieldingly kept alive in the society, although there were strict prohibition and continuously destruct from the government. So we can say that it was full of mystery and it is also a subject full of disputes. It is a different way from the classical ones, and therefore there has informed a bias on it. Not only was it despised by the government of that time, but also was ignored or misunderstood at the present time. This article aims to make an analysis of the Songxue in the Ming dynasty and the Qing dynasty, including the widely spreading Songshimiben (secret books of pettifoggers) and the suit skills taught by those books. And especially this article put emphasis on the Songshi in the Ming dynasty and the Qing dynasty, Songshimiben (secret books of Songshi) and Songxue. From the aspects of the evolution of the lawsuit concept, the emergence of law knowledge, the differentiation of the law occupation, the produce of the law books, the summary of the suit skills and the evolution of the procedures, this article discussed the origin, the content, the structure, the development, and the evolution of Songxue. And then it made clear the interaction between the pettifogger and Songxue and the government, the litigants and the folk society. In another word, what did the wide spread of Songxue in the Ming dynasty and the Qing dynasty provide for the people in inspiration, means, skills and convenience, what did it affect the reformation of judicial system, why and in what way could they chronically existed in that hard context, what was it's relationship with the other parts of the Chinese traditional law mechanism, and so on. So we can have a clear and true idea of the Songxue in the Ming dynasty and the Qing dynasty. The content of this article includes: (1)the analysis of the colorful of traditional values on suit which provided much wisdom for Songxue; (2)both the official and the fork ways in spreading legal knowledge which provided epistemic basis for Songxue; (3)the analysis of the different ways of the intellectuals under the system of imperial examinations which provided the unbroken vigor for Songshi; (4)the analysis the essential content and characters of Songshimiben (secret books of Songshi) which was the carrier of Songxue; (5)the content compare between Songshimiben (secret books of Pettifogger) and other kinds of classical documents to see the special position and influence of Songxue among the Chinese traditional legal culture during Ming dynasty and Qing dynasty; (6)the analysis of the succinct way to understand law and the special skills to using law belonging to pettifogger, which is one of the reason that Songxue could chronically exist; (7)how could Songxue continuously influent the official judicial mechanism and promote the judicial reformations;(8)the traditional official opinions and policy to suit and Songxue which is the circumstance of Pettifogger and Songxue and leads to the traditional bias opinions of present scholars. Although Songxue in Ming and Qing dynasties had many positive values, we must admit that it also had some born defects.
Keywords/Search Tags:Ming dynasty and Qing dynasty, Songshi(Pettifogger), Songshimiben(secret books of Songshi), Songxue, law occupation, legal procedure system
PDF Full Text Request
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