Font Size: a A A

On The History Of The Legally Prescribed Punishment For A Specified Crime In Ancient China

Posted on:2009-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:X Q LinFull Text:PDF
GTID:2166360245996365Subject:History of Ancient China
Abstract/Summary:PDF Full Text Request
It is a basic principle in modern Criminal Code to provid the principle of a legally prescribed punishment for a specified crime. China's current Criminal Code also provides it. However, the academia, there has been controversy about the principle whether existences in the ancient laws in Chinese.Based on previous research, this dissertation expounds its development which called the legally prescribed punishment for a specified crime in ancient China,from thought development, judicatory groping, to legislative provisions and perfection. The author believes the ancient legally prescribed punishment for a specified crime in China had went through for this. In this process the Autocratic imperial power and Comparison and analogy are coexistence with the ancient legally prescribed punishment for a specified crime.From it we can see the Autocratic imperial power is the precondition or basic of the ancient legally prescribed punishment for a specified crime,and the Comparison and analogy is its supplement.For these decide the Limited, the Tool,the Subjection it to the autocratic imperial power,and the Coexistence with Comparison and analogy.The dissertation includes the contents as follows:Prolegomenon:This part summarizes the evolution of the modern principle of a legally prescribed punishment for a specified crime, briefs the controversy about the principle in today's academia, defines the concepts in demonstration and points to the signifacance and thread of the disquisition.Section One: The developing thought about the ancient legally prescribed punishment for a specified crime This part includes three stages.The inchoate developing thought,earlier developing thought and ripe developing thought about the ancient legally prescribed punishment for a specified crime.Section Two: The judicatory groping for the ancient legally prescribed punishment for a specified crime This part from the perspective of judicial practice to explains the inchoate groping judicatory the ancient legally prescribed punishment for a specified crime,and law's transform to impact on it,and the judicatory practice request for it.Section Three: The law's prescript and perfection on the ancient legally prescribed punishment for a specified crime This part explains the ancient legally prescribed punishment for a specified crime from legislative provisions to system perfection and to more confirmation and perfection.Section Four: The precondition or basic of the ancient legally prescribedpunishment for a specified crime------Autocratic imperial power This part explainsthe autocratic imperial power,which progress from primary development to legal provisions and to be institutionalized. Point to the Autocratic imperial power is the precondition or basic of the ancient legally prescribed punishment for a specified crime,and also is the Tool for autarchy.Section Five:Supplement to the ancient legally prescribed punishment for aspecified crime------Comparison and analogy This part points the ancient legallyprescribed punishment for a specified crime and Comparison and analogythe is coexistence in ancient China,which basics on explanation about Comparison and analogy in all the dynasties.Section Six:Features of the ancient legally prescribed punishment for a specified crime This part in-depth analysis the unique features of the ancient legally prescribed punishment for a specified crime,and they are the Limited, the Tool,the Subjection it to the autocratic imperial power,and the Coexistence with Comparison and analogy.
Keywords/Search Tags:The legally prescribed punishment for a specified crime, Autocratic imperial power, Comparison and analogy
PDF Full Text Request
Related items