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The Research Simply On The Spring And Autumn Period's Criminal Law

Posted on:2006-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:X J DongFull Text:PDF
GTID:2155360155954324Subject:History of Ancient China
Abstract/Summary:PDF Full Text Request
Since Xia, Shang, and Zhou Dynasty, our country's criminal system has had some records in ancient literatures, however, the data is fragmentary and abstract, so we cannot do some textual research on them. In the Spring and Autumn Period, literature records became more than before, it offered us more related data to explore the contents and characteristics of the country's criminal system that time. Our predecessors have made some valuable data about the spring and Autumn Period's criminal system, and, have done some helpful research. Especially in recent years, a great many academician have published articles on the Spring and Autumn Period's criminal system. In the paper, I have done some work on the Spring and Autumn Period's criminal system and based on the literature and our predecessor's research. In foreword, the paper emphasize on making summary of our predecessor's research. One thing is to classify and list all sorts of opinions, on the other hand, I will say some thing to disprove or deliberate on some opinions. It'll discuss the Spring and Autumn Period's criminal system in six chapters. The Paper lists the criminal title of the Spring and Autumn Period's criminal system in the first chapter. Mainly including crime of hurting monarch, and society, hurting person's safety, making inroad on someone's belongings, harming patriarchal clan system and ethic, job misdeed of bureaucracies, and military affairs misdeed and so on. Each title of crime has many details. In the titles of the Spring and Autumn Period's crime, some inherits from Xi Zhou Dynasty, like the crime of hurting person's safety, and making inroad on someone's belongings; some is characteristic of the Spring and Autumn Period, like the crime of hurting monarch, and society. In the second chapter, it discusses the kind of punishment in the Spring and Autumn Period's criminal system. Mainly including corporal punishment, death penalty, losing liberty punishment, belongings punishment, exile punishment, and colony punishment etc. In the same way, the punishment of the Spring and Autumn Period derives from that of Xi Zhou Dynasty, but it stands out its epoch characteristics. The development of exile punishment and colony punishment shows this. In the third chapter, it discusses the characteristics of crime punishment in the Spring and Autumn Period's criminal system. As a part of the superstructure, the crime punishment is inevitably affected by it. At the same time, as the punishment of the Spring and Autumn Period, it is beat the brand of epoch and have the vivid feature of epoch. The punishment in this time has bright class of nature and determinate non-legal nature, has fearful criterion nature too. Except it, as a important question in the chapter, it is no punishment in doctor. The scholars have distinct opinions about "no punishment in doctor". Each of issues has saving grace as well as deficient place. The scholars handle historical data to deny "no punishment in doctor"and they think the impunity in doctor doesn't exist. But each of scholars has no same on which crime is unable to be tortured. Penman adopts the good and agree the opinion of Mister Li , but some special cases just exist. In addition, " eight talks " is an important principle of giving special consideration to the noble of penalty in spring and autumn, having reflected the class nature with distinct slave society, influence is far-reaching to later age. This chapter is described in detail too. In the forth Chapter, it discusses the principle of penalty in spring and autumn that expounded the fact. A main one " no punishment in doctor " and " same crime differ with punish ". This reflects typical era characteristic among them. In the fifth chapter, it describes the prosecution and trial in spring and autumn briefly. In the sixth chapter, it discussed the change that criminal law takes place in spring and autumn especially, main reflection is a announcement of the written law. About the written law, the focuses disputed...
Keywords/Search Tags:Research
PDF Full Text Request
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