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The Qing Supervision Law

Posted on:2007-05-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:L JiaoFull Text:PDF
GTID:1116360182991419Subject:Legal history
Abstract/Summary:PDF Full Text Request
China's ancient supervision law system sprouted with the generation of state institutions, came into existence with the establishment of central authority of feudal absolutism, and developed with the continuous enhancement of feudal absolute monarchy. It is observable from the development and evolution of China's ancient supervision law that, China's ancient supervisory laws and regulations had been on the process of continuous development and perfection: from attachment to an integral code to an independent system, from scattered clauses to a complete and rigorous special code, and lastly to a legal system that has complete contents, rigorous structure, harmonious interior, and unitive form. These changes reflected the authority's gradual accumulation of supervisory experiences, and their increasing recognition of supervision legislation. By further developing supervision and the supervision of supervision, the more and more mature Chinese ancient laws and regulations provided increasingly perfect guarantee for the supervision of power. Sprouting from the unique cultural environment of the Chinese nation, China's ancient supervision law played an outstanding and important role in aspects such as preventing ruthless and cruel politics, neatening bureaucracy, and maintaining the stability of feudal governance. Its unique system construction mode brightly expresses Chinese people's peculiar wisdom on power restriction and politics regulation by the execution of law.Although"The Qing Dynasty's system inherits from the Ming Dynasty", but the supervisory law of the Qing has its bright personality compared to that of the Ming. It reflects the ultimate of feudal legislation and characteristics of minority governance. As the highest stage of China's ancient supervision law, the Qing dynasty supervision law exerted important function on maintaining the political stability and social development of a huge multi-national and unitive feudal state. Its complete system, broad content ranges, and specific executive details represent the ultimate accomplishment of supervision laws in the former history, and provide valuable experiences for the later development of supervision legislation.The Qing supervision law has the basic features of law system: complete contents, rigorous structure, harmonious interior, and unitive form. It is the most complete supervisory law system in the Chinese ancient history, and has realized legal application on aspects such as supervisory system and range, election and management of supervisory officials, etc. Even if judged by today's standard, the completeness and perfection of this law is still a legal heritage that is highly potential."Every law can be logically divided to two parts: the cultural part and the technical part. Comparatively speaking, the cultural part mainly reflects the law's individuality, uniqueness, and multi-dimensionality; while the technical part mainly reflects the commonness, universality, and oneness of the law. The content of technical part will be more and more along with the development of society, the elevation of civilization, and the improvement of law. This is a object rule of legal development."The supervisory activity is itself a very complicated and detailed project with strong technical requirements; therefore, it is indispensable for supervisory...
Keywords/Search Tags:The Qing Dynasty, the supervisory law system, retroversion of history
PDF Full Text Request
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