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Study On The Covenants Between Song Dynasty And It's Neighbors

Posted on:2010-08-25Degree:DoctorType:Dissertation
Country:ChinaCandidate:H LiFull Text:PDF
GTID:1485302726983459Subject:Legal history
Abstract/Summary:PDF Full Text Request
This thesis talks about the covenants between Song Dynasty and other regimes as for Liao(Khitan)?Xi-Xia and Jin. On regimes to covenant, all of them had capacity to covenant. And the emperors would make the last dicision if or not to sign contract. Then, the emperor would dispatch ambassadors to negotiate. Of course , there were some request for ambassadors'compose: position, acqierement and ability. When Ambassadors were to be sent on a diplomatic mission, they should take full powers which was not only to testify their identity, but also included matters concerned and emperors'attitude. During negotiating, representatives took more attentions on proprieties, which embodied nation's dignity and interests. There were skills and artifice when parties discussed and drafted out treaties. After endorsing covenant, ambassadors sent letter of credence to contracting state, which meant the treaty came into effect. The treaty had no retroactivity.Compared to spring and autumn period, there was no obvious change for the format of covenants, which consisted of preface, text and oath. Contracting states took an oath for gods and their ancestors, no matter what any party violates the covenant, their kindreds would die out and his nation would exterminate. The covenants was so important in 10-13 century that there was lots of criterion for execution and conservation. When covenant became effective, contracting states carried it out sufficiently. The implemantment of Song-Liao Chanyuan Covenant was typical, so by studying it, we can know main knowledge about implementation of all covenants. The implementation of covenant brought far-reaching influence in politics, economy and law of both parties. Along with the change of lay of the land, parties may present different explanation for treaties, which resulted in recension. They were still effective after emending by different measure to alter. Indeed , there was no any covenant which could keep effective forever. There were different reasons reduced invalidation, for example, breach of faith, battle and annihilation. This invalidation may be temporary or perpetual according to different occasion.In a word, the conclusion of covenant was based on equilibrious strength, and the motivity to implementate covenant was to obtain more kingdom's benefit. When the strength can not keep counterpoise, parties didn't pay attention to the supervision from gods and ancestors. If they can gain more benefit by war and other means, the sanction of covenant would clear up.
Keywords/Search Tags:Song Dynasty, Covenant, Conclude, Carry out, Emend, Terminate
PDF Full Text Request
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