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On The Changes Of The Lawsuit Ideas In Song Dynasty

Posted on:2010-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:M WangFull Text:PDF
GTID:2166360275960899Subject:Legal history
Abstract/Summary:PDF Full Text Request
It is since Emperor Wu Di of the Han Dynasty mark lift" various schools of thinkers it respect by Confucian learning ",last Chinese society orthodox ideas for thousands of years Confucianism promptly, influenced by Confucianism from behind Qin Dynasty " in expensive and hold, in your Buddhist monk ", " the interest brings a case to court " becomes the population characteristic of China's traditional culture, the leading value orientation which becomes the ancient society of China that have not " brought a case to court ".The China feudal society in the past of Song Dynasty, " the interest brought a case to court" in the local authorities, it is the general situation of the society in most periods to " fear and bring a case to court"," detest and bring a case to court" among the people. However, after entering Song Dynasty, whether the regional economy was developed or not, demonstrated a lively scene that was " strong in bringing a case to court " gradually among the people. Then, cause two period Song folk legal lawsuit frequent," strong in, bring a case to court" reason that become a common practice what does it have "? If the forming of private ownership and development of commodity economy are main reasons, then which are the secondary reason for this kind of phenomenon? What kind of function do they give play to separately? I write this thesis bringing such doubt and original intention, and divide it into three parts to explain and prove.Chapter one, carry on the comprehensive summary to the social lawsuit atmosphere in the past of Song Dynasty in terms of objective history. This part defines the meaning of the lawsuit idea at first, secondly make the pointed and representative introduction to the folk lawsuit state in the past of Song Dynasty, it is the ensuing chapters that expound the fact that make foreshadowing in particularity of the lawsuit idea of Song Dynasty.Chapter two is Song period folk unusual phenomenon that is " good for bringing a case to court and becoming a common practice " set about in terms of social stratum to two mainly, to the lawsuit idea and displaying comparatively deep description of two representative strata of court official and common people of Song Dynasty.Chapter three, it is mainly from economy, the government is a governance thought of the one in power, achievements and successes school maintain four respect these studied to bring a case to court that evidence study carry on many angles to reason of wind to form " strong in, bring a case to court " separately Northern Song Dynasty, analysis of the stage construction. First of all, the appearance of the economic form of private ownership and economic factor of development of commodity economy are the main reason changed; Secondly, the one in power " pays attention to managing money matters ", the governance thought of " paying attention to the law " is its important reason; Moreover, the school of achievements and successes objects to the empty talk of " rational life of justice " of Neo-Confucianism family at that time, it answer peoples maintaining the country is from various circles " every affair actually but extremely to ", common " trouble all over the world, profit to fit world " " justice profit " saying to Zhu Xi " must make kindheartedness and righteousness a priority, thought on regard utility as worried " heavy to strike, I think this look at, oppose non-governmental abundant theory brought a case to court to strong in support; In addition, with progress of science and technology, evidence until two period Song the epoch-making change took place system, besides traditional testimony of a witness, material evidence and documented evidence can be generally used, the criminal investigation, coroner similar to today determine etc. that becomes more and more ripe to collect the technical skill of the evidence, having offered the possibility of reality for the rise strong in agitation of bringing a case to court, I regard it as technical factor.
Keywords/Search Tags:Lawsuit idea, Materialistic, Shigong school, Legal pettifogger
PDF Full Text Request
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