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Study On Northern Wei Dynasty Law Ethics Thought

Posted on:2009-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y CuiFull Text:PDF
GTID:2166360245468484Subject:Ethics
Abstract/Summary:PDF Full Text Request
Northern Wei Dynasty ( 386 years -534 years) is a long-term feudal dynasty of taking ethnic minority as the core first in history of our country, setting up stronger and steadier governance in the central plain area.In the great historical spring tide that merges of nationality in Wei Jin and the Northern and Southern Dynasties period, the ruler draws the past feudal dynasty's legislating and judicial experience since Han Dynasty in Northern Wei Dynasty, assembles the quintessence of the northern culture of all ethnic minorities specializing in TuoBa and XianBei nationality, incorporate things of diverse nature, wide to adopt court, fetch precise to use great, make a generation of code Northern Wei Dynasty Law . The Confucianists sports of law begun not only without cutting off since Han Dynasty as the regime of ethnic minority Northern Wei Dynasty, have accepted the Confucianists tradition of law of the Han nationality gradually instead, is based on this and carry on some system innovation, the Confucianists process of China's feudal code has moved forward one step. Northern Wei Dynasty law bear towards Han, Wei, the Jin Dynasty',etc. legislative achievements,and then establish foundation for forming of North Qi laws, and for forming important contribution finally in order that representatives' Chinese law was of law with Tang. Northern Wei Dynasty law has played the important function of forming a connecting link in ethics Chinese law.The ethics thought of Northern Wei Dynasty law regards the heaven-worship of confucianism as philosophical foundation, has met the social environment that the patriarchal clan system gift was made at that time, it is the Confucianists continuation of the law since Chinese because it is the regime of ethnic minority in Northern Wei Dynasty at the same time, the ethics thought of Northern Wei Dynasty law is a result which Tuobaxianbei Chinesizing reform of the postscript too.Northern Wei Dynasty law is the Confucianists achievement of law, its thought of ethics reflected the Confucianists' spirit too, the whole law embodies the strong one "Na li ru lü", Characteristic,mainly show as with "3 cardinal guides " For the central feudal Confucian or feudal ethical codes as the basic principle of guiding legislating, judicial activity. Northern Wei Dynasty law point out law and gift complement each other clearly, Northern Wei Dynasty law is i.e. so-called "take the law as the criterion,courtesy as rule". The legislative ethics thought of Northern Wei Dynasty law includes the highest thought of imperial power, The thought of" the crime of 3,000, greatest on unfilial ",thought of"high and low from head to foot", thought of " good and lowpriced and different " ,thought of the people ,etc. The judicial ethics thought of Northern Wei Dynasty law includes " Rolled over the prison by justice " , the thought that the original heart punishes, with the different punishment thought of the crime, sympathizes punishment, sympathizes the thought of imprisoning; Initiation of two systems in Northern Wei Dynasty law the thoughts of"Retain and support parents"and"the officer acts as sum", have reflected the strong the Confucianists ethics characteristic.There is important enlightenment to the foundation of the contemporary socialist country governed by law to study Northern Wei Dynasty law and ethics thought. Since repairing the law course and can find out the respect drawn lessons from to the contemporary legal construction of Northern Wei Dynasty law ; Northern Wei Dynasty law" Sympathize punishment " There is important enlightenment to the completion of the contemporary penalty system in the thought;In Northern Wei Dynasty law, the thought of"Sympathize and imprison"has function enlightened on the reform of the relevant systems of administration of justice too.
Keywords/Search Tags:Northern Wei Dynasty Law, law Confucianizaion, "take the law as the criterion,courtesy as rule", Ethics law, modern enlightenment
PDF Full Text Request
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