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A Study On Governmental Officials Crime And Characteristics Of Judicial Procedure In The Northern Song Dynasty

Posted on:2009-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z C WangFull Text:PDF
GTID:2166360242498482Subject:Legal history
Abstract/Summary:PDF Full Text Request
The thesis studies the governmental official crime and the characteristic of judicial adjudication system by summarize the practice putting the acrimonious governmental official into trial of Northern Song Dynasty using a typical case—Wutai case as the point of view. The paper will complement the deficiency of the academic realm.The thesis includes four parts except preclude.PartⅠthe author studies the special judicial procedure of the criminals governmental official of Northern Song Dynasty by re-explaining the well-known literary persecution—Wutai case, the investigation proves that the special judicial procedure of the criminals governmental official is different from the judicial procedure of the ordinary crime in the lunching process and the result is controlled by the emperor.Wutai case exemplifies the special judicial procedure of the criminal governmental officials; however the most important is ordinary judicial procedure of governmental official crime. In partⅡ,the author investigate the ordinary judicial procedure of governmental official crime and draw a conclusion in the characteristics of government official crime's judicial procedure by comparing the ordinary procedure with the special procedure .PartⅢcomparing Northern Song Dynasty with Han Dynasty and tang Dynasty, the process of governmental officials embodies the kindheartedness of Confucianism and civilized idea of lawsuit. For example: the internal restrict of Judgment systems. the history demonstrates that the emperors of tang Dynasty execute their officials cautiously, the emperors of Ming Dynasty execute their officials discriminately, but the emperors of Northern Song Dynasty promise they would not execute their officials and they did.PartⅣthe study proves the emperors of Northern Song Dynasty control the whole procedure of governmental official crime, the imperial power control the justice power, this is the coin's one side ,the other side is the imperial power will be restricted by the judicial procedure and trial system, so the emperors of Northern Song Dynasty promise cannot execute their officials freely.
Keywords/Search Tags:Governmental Official Crime, Judicial Procedure, Characteristics
PDF Full Text Request
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