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The Historical Significance Of "Kaihuang Statute"

Posted on:2011-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:N WuFull Text:PDF
GTID:2166360305957074Subject:Legal history
Abstract/Summary:PDF Full Text Request
Sui is an important era in history. He completed the historic task of unifying the country. The economy and society had a great development and prosperity. Although the country enjoyed a short Sui day, the representative legislature"Kaihuang Statute"is a milestone in the history of the Chinese legal system, with a connecting historical significance of the far-reaching impact on the later feudal legislation."Kaihuang Statute"in general inherited the essence of the former age's codification. In the proximate origin,"Kaihuang Statute"adopted the legislative achievements of both Northern Qi and Northern Zhou. Qi Zhou statute and legal development are the results of the former comprehensive summary of precise and appropriate, in respect of titles and criminal systems tend to unity."Kaihuang Statute"inherited the both, Qi and Zhou statute are not rejected out of hand."Kaihuang Statute"inherited Wei statute. Northern Wei statue was revised many times, and integrated the essence of significant legislative achievements. North Wei statue set the legal frame of the legal system of North Qi and Northern Zhou, and laid the foundation for the development of"Kaihuang Statute"."Kaihuang Statute"adopted the achievement of codification of former generations."Kaihuang Statute"is a master of ancient feudal code.We select the table of contents, section number and penalty system three point, and make a compare of"Kaihuang Statute"and Northern Wei and Northern Qi and Northern Zhou to analyze."Kaihuang Statute"adopted Qi table of contents system, advocating provincial legislative style, adopted 12 style; the table of contents is also slightly changed the name, much the same."Kaihuang Statute"pay more attention to the internal relations in the chapter structure of the arrangement of the order, in accordance with the classified nature of statutes arranged, clearly divided into law general principles, substantive law and procedural law, full display of its legislative technique superb, reflects the legislators at that time to grasp the contents of the statutes further. The establishment of the third year of Sui,"Kaihuang Statute"revised again, removed 81 capital, 154 banishment, the imprisonment and whipping over a thousand articles, the number of statutes leaving only 500, can still guarantee"brief and summary , thinning and not losing"."Kaihuang Statute"established a feudal system"Five Forms""Whipping","Flogging","Imprisonment"and"Banishment","Death"of the custom."Kaihuang Statute"changed the former penal system chaotic situation, removed the cruel execution methods, cut the castration and whipping, determined by the heavy and light, interrelated, structured the penalty system so that such criminal penalty provisions of species and more reasonable, reflects the maturity of the penal system and also reflects the improvement in the level of social civilization.The legislation technology of"Kaihuang Statute"is mature. In"Kaihuang Statute", a lot of legal terms were used in these specifications and the meanings were getting to be solid, such as "Wicked" counts that have a clear meaning and be highly standardized. And some forms of statutory legal terms tended to be legal. Its scope and disposable objects are specified by law; no one was allowed to do any explanation. Some legal terms in"Kaihuang Statute"have a flexible use of technology, marking the maturity of legislative technique. The legal terms have a solution to the complicated rules to another set of legislative abuses, to the basic charges by prospective articles where the penalty and set punishment based on non-essential drugs. This legislation will save the penalties for non-essential list, greatly saving space legislation. Analogies here are divided into a method of analogies, and as a system of analogies. Analogies maintain the integrity of the legal system and provide the reason for done. Analogies have an important function in the face of personnel infinite, but limited articles.The legislative thinking of Minister of Emperor Wen and several legislators laid the ideological foundation for the development of"Kaihuang Statute". Emperor Wen created Sui Dynasty, and developed the"mitigation of the penalty instead of using heavy, removal the death penalty"as the legislative principles of"Kaihuang Statute". The achievement of"Kaihuang Statute"is closely related to the legislative thinking. As the major ministers of"Kaihuang Statute", Peizheng led other people to develop the benevolent code of laws, in addition to the cruel methods of execution, delete the elimination of the castration and flogging, and improved Five Penalties systems, limit the application of reduction of the family exterminate range. Wen led his court to forge ahead, made pains in the legal system and innovation, and its significant contribution made by legislation can not be ignored."Kaihuang Statute"has a far-reaching impact on Tang Dynasty."Kaihuang Statute"as the blueprint of Tang for development of the scriptures that chapter, criminal system, a comprehensive legislative technical have been inherited, though, after several amendments, still within the"Kaihuang Statute"stereotype. Continuation of"Kaihuang Statute"is brief and summary. Tang also paid attention to light punishment, and constantly focus on improving the legislation.
Keywords/Search Tags:"Kaihuang Statute", Origin, Legislative technology, Affect
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