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Wannan Lesson Plans Legal Analysis

Posted on:2004-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhengFull Text:PDF
GTID:2206360122985206Subject:Legal history
Abstract/Summary:PDF Full Text Request
Wan Nan Jiao'an is an anti-catholic disturbance in Guang De Zhou and Ning Guo Fu during the July of 1876, whose impacts spread over the south of China, even the Qing emperor and the foreigners.Wan Nan Jiao'an had been tried from the August of 1876 to the October of 1877. However, many modern scholars are still interested in it till now. It turns out that the impacts of Wan Nan Jiao'an are never ended. There are a lot of historic materials about Wan Nan Jiao'an, the files of Qing Dynasty for instance, published in the recent years, which could be the basis for further research. This paper aims at doing a comprehensive inspect based on the former researches and puts forward the new ideas. My humble work The legal analysis of Wan Nan Jiao'an :from the legal point of view comes into being.This paper consists of introduction, text and conclusion. The text is three chapters in number.The introduction briefly states the reason of studying the Wan Nan Jiao'an and the methodology of the research.The first chapter of the text mainly states the economic, political and cultural reasons of the Wan Nan Jiao'an. From the economic point of view, the missionary occupies the civil property illegally and immorally, which results in the economic conflicts between the people of Wan Nan and the catholic. From the political point of view, the conflicts between the people of Wan Nan and the catholic due to the missionary's supports to the immigrates from Hu bei province increase. The direct reason of Wan Nan Jiao'an comes from the cultural background. In 1876, there was a trend of cutting the braids, which is one of the symbols of the Chinese culture. The Chinese, especially the people of Ning Guo Fu, believe that it was the catholic who aimed to cut the Chinese culture due to some kinds of misunderstanding so that they planned to take a revenge of the catholic. This chapter briefly states the process of the Wan Nan Jiao'an. The anti-catholic case is organized by He Shen and to protest the traditional culture of China. The second chapter of the text states the process of the legal examination of Wan Nan Jiao'an from the historic files. The process of legal examination of Wan Nan Jiao'an consist of four stages in number, which are pre-trial stage, trial stage, notification to emperor and distribution of the compensation. The paper points out four exceptions different from the traditional legal examination, which are the judicial characters of the wan Nan Jiao'an.The third chapter of the text consists of the subjective meaning and the objective meaning of Wan Nan Jiao'an. From the subjective point of view, the judge of this case Shen Baozhen confirmed the penalty of the missionary, released the organizer of the disturbance and approved the cultural reasons of the anti-catholic case, for the purpose of protesting the Chinese tradition by law. From the objective point of view, the missionary reconsidered the Chinese by the judgment of Wan Nan Jiao'an and stipulated that all the people who would like to join the catholic must be tested. Needless to say the trial of Wan Nan Jiao'an protested the Chinese traditional culture and reached to the aims that the Qing dynasty couldn't get from the legislative approach.The conclusion makes a brief summary in the end.
Keywords/Search Tags:Analysis
PDF Full Text Request
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