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Wei Jin Ling System Research

Posted on:2015-02-15Degree:DoctorType:Dissertation
Country:ChinaCandidate:J Q LiFull Text:PDF
GTID:1266330428455799Subject:Legal History
Abstract/Summary:PDF Full Text Request
In the study of ancient Chinese legal form, more concerned about the academicstudy of law, for other legal forms of research are relatively scarce. For example, inthe study of orders, Qin and Han Dynasty unearthed due to legal documents have tobe supported; Tang and Song Dynasties because of more extensive texts survive inthe world, as well as "Don make Supplements" Tianyi editorial and found Song"day holy orders." the residual based: the text is easy to go deep in the study, somore results. The ancient Chinese Wei and Jin make the system so that the system inthe history of the past and its subsequent orders before the clear differences incharacter, and that this effect on not only the monomer Now let ’s change thesystem, in fact, it is the legal form to make a major adjustment in the system reflectthe far-reaching impact. This result is how did it happen? The specific changesfocused on the what? Wei and Jin make offspring orders compared with the previoussystem, characterized by what? And a system in which the position of the Wei andJin make the political situation at the time, played a role in what? All theseproblems, we are discussing about the Wei, Jin and make the system does not openwhen the problem also happens academia no reasonable answer is no answer or theproblem will also be the main focus of this article or study the significance andvalue.So as a separate legal form of the stage of history began when? Academicinconclusive. Our calendar view books, you will find the cause or on behalf of theQin Dynasty law that can be used to refer to all law. The general view is that theQin and Han season already is a separate legal form, and hold this view are mainlyChinese scholar; while Japanese scholars mostly skeptical, that ’s so typical that there is no place in the Qin and Han. I much prefer Japanese scholars uphold theview, in fact, make more of the Qin and Han Dynasties refers to the " edict ", soCode still does not appear, it is an indisputable fact. Although Yuelu Qin and HanBamboo Slips Jane in order appeared Qin and Han orders, even so has been theemergence of Chinese Lunar orders, so with the vital issues orders were;, but thisjust is not the only name system resistance, proved so Han is still in chaos, do nothave an independent character, precepts have not distinguished from clear-cut, sobasically still stuck in a complementary, levels of association provisions of the law.This situation should be the thing was broken Wei and Jin Dynasties, is regimechange in the political situation and the reform and innovation of the law school topromote the development of a major adjustment of the legal system, the division oflabor between the beginning of the precepts clear up legal Wei Wei order, Jin law,Jin made orders issued by marking the " imperative distinction between " finalcompletion, but also declared the establishment of a new legal system. Law, order,the combination of the story is the core part of the Jin Dynasty legal system; whileWei and Jin Dynasties system in order to make aspects of the creation of the systemin the history of the development of China has become a landmark of great change,so that as the highest constitutional validity of legislation of the new order," NineHusband of the law " for the election officer system administrative system plays arole in overall command of nature. This situation by Southern, Sui and TangDynasty. Sui and Tang dynasties, the imperial examination system establishedbureaucracy continues to develop, improve, make Code also change accordingly;however, especially in the Wei and Jin Jin Dynasty established the distinctionbetween the precepts of the pattern, so that the guiding ideology of the system, sothat the system size, style, content basic have been passed. From this perspective,the power to create a system so that the Wei, Jin, and how not to celebrate too!If we are to make a qualitative, if the answer can be only one. I think this idea is not desirable. Throughout the Millennium Development Order, evolution, sodifferent from the Qin and Han Qin’s order, the order is different from the Qin andHan Wei and Jin’s orders, while the number of orders dropped to the Ming Dynasty,Qing Dynasty extended, so that was eventually abolished. Therefore, simply use themodern Western legal theory is defined so as administrative regulations, but no wayis undesirable expedient. Research on Chinese legal history should be wary or eveneliminate the most "Western Center on" landing-related point of view, we shouldcontinue to explore in order to pave a way out for their own study. If you deviatefrom the law blindly or field research went into today’s history, and are easy to putthemselves in an awkward position can not conduct themselves in society.Of course, the study of Wei and Jin make system, we should not only stay intheir peripheral issues research level, should also be in-depth study of the Wei, Jinorders, particularly recollect content through previous work today still partiallyvisible aspect of Shanxi make specific contents. From the contents of a specificinquiry in order that we can extract, then people come out of the guiding ideology inthe development of so typical, but also in order to truly understand the scope of thepolitical system involved, to be able to see how to inherit the Qin and Han Wei andJin make order, how enlightened Sui and Tang order problems. Only through thisspecific comparison to the previously stated "injunction Wei and Jin make majorchanges were made landmark in the history of China," the inference implemented.When Jin-depth study of the specific content of order, I found that Chen Yinquesaid,"China is closely related to the ancient ritual law," the statement there is anecessary correction. As the ancient Chinese Confucian ritual dominance after amajor rule of the law by its impact, it is "Ceremony into law," said. In fact, throughthe concept of Shanxi make various articles, so the impact on the system of ritual isomnipresent, even some content articles to make almost all the provisions of theceremony transplant it; then relish the contrary, the so-called legal history "drawing ceremony into Law" measures, and so the relative proportion of the ceremony, afraction of it. Therefore, we believe that the impact of the measures on constitutionalpropriety order should be like this: First Ceremony into politics, then Ceremony intoorder, and ultimately lead the ceremony was only some of the provisions into law;impact ceremony on the system is the real cause profound the broad, leaving asidethe order made Lilly talk about the issue, in many cases would not be able to give areasonable explanation.In short, the Wei, Jin and related issues so that the system is also an urgent needto solve the great research value of the subject, on the basis of previous studies onthe subject put forward their more reasonable overall solution, initially completedthis task.
Keywords/Search Tags:Law, orders, ceremony, imperative distinction, political system ofregulations
PDF Full Text Request
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