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A Study Of Zheng Ke 's Thought Of Investigation

Posted on:2014-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:S SongFull Text:PDF
GTID:2176330425480087Subject:Legal history
Abstract/Summary:PDF Full Text Request
The investigation of ancient China has a very important position in the history of thedevelopment of the investigation of the world, especially the Song Dynasty investigation of amajor investigation in the history of the World Development Summit. Zheng Ke was themaster of the field investigation of Song Dynasty, it relegated to "Zhe Yu Gui Jian"investigation of a representative literature of ancient China, and in the book, Zheng Kesummed up his criminal investigation ideological system. This article embarks from theintroduction Zheng Ke the fold prison GuiJian, inductive extract Zheng Ke investigationthoughts, through the analysis of the main content and features of the thought to make specificcomments. This paper mainly divided into three parts.The first part introduces the Zheng Ke’s life and his book " Zhe Yu Gui Jian ". Zheng Keis the outstanding representative of judicial official mission. The" Zhe Yu Gui Jian "substantial content, reflects the great development of Chinese ancient legal system, Zheng Kefully expounded the legal thought in it. The thought origin from two song cautiouspunishment prison policies advocated by the rulers vigorously, Confucian humanist spirit ofthe law and judicial officials Reduce litigation concept, the development of the law provides agood writing environment for it.The second part is the focus of this article, discussing the Zheng Ke investigation themain content of thought. Spying is the main task of the interpretation of the cause, foundingthe false accusation. Zheng Ke in the " Zhe Yu Gui Jian " firstly introduces the content of theinterpretation of the case, collected more than eighty cases to illustrate the importance ofinterpretation of the case. The main methods of investigation include interviews, case analysis,interrogate, have been supervised and fresh experiment and investigation, etc. In using avariety of detection methods, Zheng Ke also advocated using detection strategy, namely itstransformation to solve the case.The third part is the main content of this article, a comprehensive in-depth analysis ofthe Zheng Ke investigation the era characteristics and limitations of thought. Zheng Kethought an obvious tendency of empirical investigation and deep humanistic characteristics.Zheng Ke, moreover, combining the investigation of thought and art of war, has strongmilitary color. Zheng Ke’s legal thoughts to a great extent, reflects the new development ofthe song dynasty law theory. Examines the situation and according to the certificate of ZhengKe advocates "is" and "its" and used; At issue, the evidence’s probative Zheng Ke claims material evidence is superior to the witness, straight card than circumstantial evidence; Inidentifying facts and evidence on the problem of the method of authenticity, Zheng Ke factsand evidence is put forward and the concept of both; In the conviction, no longer solely by theconviction. This article also summarizes contemporary value of Zheng Ke investigationthought.
Keywords/Search Tags:Zheng Ke, Zhe Yu Gui Jian, Investigative thinking, Investigativestrategy
PDF Full Text Request
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