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Research On Judicial System In Five Dynasties

Posted on:2011-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:S L ZhangFull Text:PDF
GTID:2166360305481591Subject:Legal history
Abstract/Summary:PDF Full Text Request
Five Dynasties period, is rare in our history, one of the separatist unrest in the period. Along with rival principalities separatism, weakness of the political power, the disintegration of their judicial status of chaos and darkness is inevitable. And this has become to common in the discussion to the Five Dynasties period of the judicial status of the usual argument. It should be said that this sum is the real described in the judiciary of the Five Dynasties period .But after that, we lack for such descriptions for real-time operational status of the micro-inspection, as well as the judicial system development after the in-depth reflection. Facing the prevailing chaotic conditions of justice, the power of Five Dynasties period have taken reformed and received a certain effect. More importantly, it has changed the administration of justice out of control since the late Tang Dynasty, laid the foundation for the establishment of the centralized system of justice for Song. Therefore, the examination of the judicial system of the Five Dynasties period makes sense, by seeing the transition and evolution of the justice system from the Tang Dynasty to Song Dynasty, which is where the purpose of writing this article. In this paper, visit the judiciary set up, staff composition, functional lines, running condition from the central to local in Five Dynasties period. At the same time, sort out one of the evolutionary process, the formation characteristics and the impact for future generations.This paper is divided into four parts. The first section is the central judiciary settings, composition and related functions of the Five Dynasties period. We will highlight the central judicial power of the Five Dynasties period through policy adjustments, strengthen the central judicial centralization .Which examines the system to their specific settings, such as the supreme court re-set the proposed prison together, strengthen the judicial system, standardize the application of the law. Board of Punishments is stressed in the review of death penalty cases where the right. Censorate oversight functions in addition to the existing laws ,but also expanded the scope of its functions. The emperor through of the taking into account prisoners, mixed justice to increase efforts to control the administration of justice.The second part discusses the local judiciary of the Five Dynasties period. Five Dynasties period under conditions of rival principalities carved out, the local operation of the judiciary have been seriously affected. Judicial officers appointed by the military, and judicial powers being eroded. Therefore, during the Five Dynasties rulers gradually leveling rival principalities in the process of trying to re-establish a central judicial power and the connection with the counties. The government has taken various measures to strengthen the centralization of power.Part III discusses the military judiciary of the Five Dynasties period. The military judiciary is the important position of the salient features of the judicial system in Five Dynasties period .The Central have the prison guards, military patrols homes. In the local, there are Bu hospital, sub-city prison and so on. At the same time the impact of Jiedushi, observation to Justice is enormous. We can see that the military factor in the judicial system of the Five Dynasties ,as well as the military judiciary in the Five Dynasties period have a significant impact.Part IV is a summary and enlightenment of the judicial system in the Five Dynasties period .Such as ,in the Five Dynasties period the settings and composition of the judiciary has a strong military background. The central government of Five Dynasties period have opened the course of justice authoritarian. The Game and penetration of the two sets of the judiciary in the Five Dynasties period .And lessons are drawn out of inspiration for future generations.
Keywords/Search Tags:Five Dynasties, the judicial system, military, judicial power
PDF Full Text Request
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