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To Discuss The Restriction On The Rights Of Imperial Clan In Ming Dynasty

Posted on:2010-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:M T LvFull Text:PDF
GTID:2155360275460673Subject:Legal history
Abstract/Summary:PDF Full Text Request
At the beginning of the Ming Dynasty, regime had still been unstable, and political situation had been volatile. Learning from the basic historical lesson on the demise of dynastise, Zhu Yuanzhang recognized that it is possible to depend on the imperial clan to consolidate the domination. So he sum up the experience of the former regime Packet, established a very unique system of imperial clan Packet. Later emperors followed this system, and adjusted it in accordance with the current situation. Imperial clan system of Ming Dynasty affects political, economy and all aspects of social life deeply. At the beginning of Ming Dynasty, the status of imperial clan was respected, Moreover, they enjoy a wide range of privileges and generous Tseuk Luk, which become a serious burden with the increase in population. And imperial clan often violated the system or rebel country because of their huge power. So a series of serious problems of imperial clan appeared. In the late Ming Dynasty, country started to focus on restricting the right of imperial clan progressively, and regulating their conduct.The thesis mainly studies that the central government of Ming Dynasty limited the right of imperial clan from a legal point. I hope it will rich the research of legal history, help to recognize the evolution of the Chinese legal system. The thesis mainly discusses and briefly comments the restriction of the rights on three aspects, including the political rights of imperial clan, civil and economic rights of imperial clan, criminal penalties. The full text is divided into four parts.The first part focuses on the restriction of political rights. Because rulers wanted to use imperial clan to consolidate the regime, but it caused a serious problem of the imperial clan. Rulers had to restrict the rights of the imperial clan to maintain the rule. It discusses the restriction from five aspects specifically, including the restriction of inheriting title, the prohibition of engaging in political and military, the restriction of managing kingdom, the restriction of personal freedom, the restriction of reporting the matter to central authority.The second part focuses on the restriction of civil and economic rights. Chinese Confucian culture impacts China deeply, everyone ought to comply with the etiquette, so do imperial clan, whose etiquette was very strict. And the special status determined they had a substantial treatment of the material. But the expansion of population made the financial burden of the central, so in order to maintain the operation of nation, rulers had to cut the supply of imperial clan. The part discusses specifically from four aspects, including the etiquette of imperial clan, managing the children of imperial clan, the reduction of their living supply, the prohibition of engaging in the civil commercials.The third part discusses the crime and penalty of imperial clan. Firstly, it analyses the main reason of crime, summarizing in three points, the lack of criminal penalties, the changes of their status, the shield and induce of palace officials. After that it discusses the main types of crime, including rebellion, tyrannical and licentious, greed, internal strife, assaulting and insulting officials. Finally, it discusses the penalty about the crime of imperial clan, including blaming, reducing Tseuk Luk, removing the title, restricting freedom, executing.The last part analyses the reason and evaluates the restriction of the rights. Rulers restricted the rights of imperial clan strictly because of the change of situation, the goal was maintaining the rule. Although the restriction of rights had positive significance in the political and military aspects to central authority, it made serious negative significance in the economic and social aspects. The problem brought about by imperial clan had been a threat to the normal operation of the domination, it was impossible to consolidate the rule which was beyond cure by limiting the rights. Restricting the rights of imperial clan accelerated the demise of Ming Dynasty. From a legal point of view, a series of laws restricting rights demonstrate the characteristics of modern law, and have the meaning of modern law. From a legal point of view to discuss it can enrich the study of legal history.
Keywords/Search Tags:Imperial Clan of Ming Dynasty, the Restriction of the Rights, Political Rights, Civil and Economic Rights, Crime and Penalty
PDF Full Text Request
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