Research On Deng Wen Drum System

DengWen drum system is the communication to obtain social information between the highest authority and society in ancient China . The purpose of the system is set epitomizes the Confucian judicial sympathetic, focusing on public opinion, ideology, its operation is specifically expressed in two forms Expostulation and litigation, forming a unique legal culture of ancient Chinese traditions and modern society had a powerful impact. Yao and Shun as early as age, in order to "pass Governance admonish those who came" to set up "of the Jing-Jin Shin, defamation of wood" in the Zhou Dynasty was the formation of "road Drum", "Lung stone" of the system. Because culture is a continuous whole, with continuity, therefore, whether it is "of the Jing-Jin Shin, defamation of wood", or "road Drum", "Lung stone" of the system, there must be clues in ancient times. On this basis, the DengWen drum system in this paper that the source of controversy in the clan society can be the highest authority of the simple straight v. consensus and mutual influence in the subsequent acts and choices of people to form a common values. With the emergence of regional countries, "Que Gate" and the bureaucracy behind the formation of a supreme power and communication barriers Shengmin living space, so Deng Wen drums become much more than that impede tool.The DengWen drum System was originally established in the Jin Dynasty, has since been developed, has been extended to the Qing Dynasty. In this development process, with the development and improvement of Expostulation system, full-time officials Expostulation appear Expostulation unique channel for the formation of the initiation Expostulation mainly concentrated in the bureaucracy, so the statement made by the DengWen drum system admonish function continually weakened, and gradually evolving into a form of action to assume "Drumming Ming Yuan," the judicial function. By Sui and Tang dynasties as the boundary, the DengWen drum system has undergone outward from the system within the system evolution, the proceedings added to the pre-trial access to the highest level of evolution, from identification, through the evolution of maturity.The formation of any system are all thinking the same period, concepts of physical and chemical carrier, its existence, the value of the development should also support. The DengWen drum system is closely related with the kingship, which embodies the legitimacy of royal power, kingship of the restrictive nature of the absolute monarchy, therefore, for the government to Germany, teachers, traditions, the concept of kingship as the cause of the DengWen drum system . In ancient China. "He who governs by virtue" is the legal basis for the legitimacy of royal power, the DengWen drum system is the "political morality," the embodiment of royal legitimacy was a carrier, is Shengmin right "for political morality" requirement, but also Shengmin really feel "as the political morality" and the legality of the lease Crown Point; the DengWen drum system is the "teachers" of traditional product, or the DengWen drum system in the concept of "teachers", it was the "teacher Road "traditional existence of the DengWen drum system provides the ideological basis set; the same time, the DengWen drum system in the case by the intervention of the supreme power, directly clear to the royal supremacy, to achieve the kingship of allegiance to the official monitoring, and unified administration of justice, strengthen the monarchy.Specific run level, the DengWen drum system assumed the litigation, rehabilitate rehabilitated, information reports and express their wishes, memorial Shang Yan, begging TU, and more. Effect on its operation, the DengWen drum system in the national bureaucracy within the system to be effective, or that involved officials from government officials themselves, or their families, under the beating drums when the Emperor, this channel of communication is smooth and easy to The. Once the cases involving ordinary people, this channel will need to smooth a few elements, or require a huge financial base and a strong social network, or the distance of the capital close, if these elements are not in place, then its drum Su Yuan The process is extremely difficult, or even to no avail.In modern society, drums Ming Yuan tradition of ordinary people is still yearning for petition system is the DengWen drum system launched in a modern society, but with the autonomy of procedural justice and the law runs counter to more criticism for scholars, therefore, this paper argues DengWen drum should be stripped of their judicial functions, a thorough take on the Judiciary to determine the authority of judicial relief; to give or to strengthen its political function, making it the expressed will of the people involved in democratic politics, a channel in order to achieve the traditional and the modern rule of law docking.This paper is divided into five parts:The first part "the origin of the DengWen drum system ." By referring to relevant literature classics, with the DengWen drum system in the origin of the associated "of the Jing-Jin Shin, defamation of wood" and "Road Drum," "lung Stone" system as the system described, followed by a culture is a continuum starting point for the argument , from a cultural point of view of the origin of the origin of the DengWen drum system as discussed in detail.The second part "the evolution of the DengWen drum system ." Collect detailed historical data and use it as a basis to clarify the development of the DengWen drum system in context, revealing the DengWen drum system is mainly responsible for the evolution of legal functions, and their outward from the institutional changes within the system, from identification, through the evolution process of maturing.The third part of "the cause of the DengWen drum system ." To the DengWen drum system and the relationship between the Crown as the center, from the royal legitimacy, royal restrictive, the absolute monarchy of the three perspective to the DengWen drum system and for the government in Germany, teachers, traditions, the concept of kingship docking relationship.Part IV, "the DengWen drum system of the function and operation mode, run the effect." Twenty-five Histories of the board cited the relevant cases heard drums, and its classification and analysis to empirical methods to explore the function of the DengWen drum system and its operation characteristics and operating results.Part V, "the DengWen drum system in modern revelation." Analysis of the DengWen drum system and the Ancient Chinese Law, the relationship between the mode of operation to discuss the DengWen drum system of alienation in modern society, the petition system and the modern concept of the rule of law goes against the status .