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From The Literary Inquisition Cases The Relations Of The Qing Dynasty Imperial Power And The Law

Posted on:2007-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:B LiFull Text:PDF
GTID:2206360185472278Subject:Legal history
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At present, the academia thinks the literary inquisition is a political issue, not a legal phenomenon. About the literary inquisition in Qing Dynasty, most works regarded it as results with autocratic and intensive feudal imperial power , the ones that thought literary inquisition case had tried and reflected pure imperial power is overriding , it is the outstanding behaviours that the legal system is trampled on seriously. Historiography circle , law circles about research of literary inquisition, command the overall situation with well-known several imperial power prominent important case mostly too at present, as the most important thing of studying , sum up all literary inquisition cases as the behavior expanded of swelling of autocratic imperial power . Author think the view have heavy one-sidedness very , outmoded view stay in analyze aspect to ancient pure class nature of law still so, accord with academia about China ancient law , especially law have society person who adjust a great deal of function of conclusions in Qing Dynasty. About the relation between social imperial power and law of Qing Dynasty , think as the centralization of despotism was developed to the summit in Qing Dynasty , the law becomes the accessory of power completely, is totally controlled by imperial power . In this article, the author, through collecting and understanding case of nearly 180 cases of literary inquisition of Qing Dynasty, think the literary inquisition case of the society of Qing Dynasty, like ordinary criminal case, the majority is according to the law of Qing Dynasty. In intervene to academia generally acknowledged imperial power judicial phenomenon display relative typical literary inquisition carry on a certain degree distinguish positive foundation most, therefore think , though the autocratic monarchy of the society reached and carried very much in Qing Dynasty , legal system reached the intensity with very complete feudal society of China, law have heavy restraint function...
Keywords/Search Tags:Inquisition
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