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Bamboo Slips Show Qin And Han Dynasty Damages Compensate Legal Research

Posted on:2008-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:C PengFull Text:PDF
GTID:2155360215952445Subject:History of Ancient China
Abstract/Summary:PDF Full Text Request
Damages compensate, according to the modern interpretation of the Civil Code,is a party to the debt default because of violations or other damage, compensation for other losses should bear civil liability. Between Qin and Han Period, the legal damages against the occupation of public and private property, and also for the debts to formulate corresponding measures to punish, seek compensation for the victim's loss of property, thereby creating unique Han legal damages. This paper is divided into four sections analysis of the damages compensate law:The first part of the compensation for damage to public and private property as provided in the paper. The damage for official Han law not only requires the use of official compensation for the damage from the process. Moreover, officials from the management of the losses made clear responsibility, to the actual implementation of the compensation; In addition Han also involves private property compensation law, mainly to a fire, accident Fresh horses crops such acts were made, explicitly demanded compensation of damages to the victims.The second part of the occupation of public and private property and compensation provisions respectively. Property invaded, occupied mainly reflected in the duties of government officials, private businessmen and tax evasion this three fake credits; usurpation of private property is primarily reflected in the theft, and officials forcibly "authorization given to soften." Compensation for the occupation of public and private property, mainly concentrated in the handling of stolen goods, and the punishment of the occupation. Provisions for compensation depend on the top of criminal penalties.The third part of the compensation for not fulfilling obligations stipulated in the article. The national debt default in the major and costly foreclosure debt cheap, the cable ransom payment, officials on the recovery of debt; private debt default, the relevant Chinese laws enacted compensation. In the Han Dynasty, the large-scale use of the leases, to be made between private debt through a strong legal protection.The Fourth part, focus on Zhang Zong, Zhao Xuan Compensation Dispute, Han perspective from the point of view of analysis of the case law legal damages. In explaining the merits of the article, based on the nature of the case and compensation to the results of a more in-depth study.
Keywords/Search Tags:Compensate
PDF Full Text Request
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