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Land The Right To Rule Of Law And Society,

Posted on:2008-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:H Q WangFull Text:PDF
GTID:2206360215472793Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the flame of the traditional agricultural society, land is not only the economic resources, but also the object of the political activities. The thought of Chinese agrarian managing power bring deep influence to the Chinese ancient society, its profound degree has already gone far beyond the significance which land itself has, and expands from the economical domain to the realm of thought. The agrarian managing power has controlled the Chinese society's development, and limited the Chinese society's direction of advance. The agrarian managing power provides the basis for the legal status of the land ownership and the way of managing or running land through the political power. The system of prefecture and counties and the centralization of authority were established during the disintegration of the square-field system. After the turbulence and innovation of Spring and Autumn period and Wamng States period, private ownership of land was authorized by striping land ownership off the local authorities', and which made the power structure bureaucratized, the centralization of authority was formed during the disintegration of patriarchal social system.Ruler's choice has close relationship with the Chinese society, but it is one kind of inevitable historical choice. Rather than being that the ruler has chosen such agrarian managing power, it is better to say that Chinese autocracy royal prerogative was chosen by Chinese agrarian managing power. In this process, as a kind of society's control mode, the law is emphasized by more and more rulers. According to "klan Shu·Monograph on Food and Currency", people can find an obviously changes in legalization and society with the development of agrarian managing power. The development of agrarian managing power and the centralization have extremely significance to the ancient China. Chinese ancient society has always has its own developed code compile system, but it's not a society which controls by law on strict significance.As society' outcome, the law certainly reflects social structure. Under centralization of authority in Chinese, the law needs to embody the politics characteristic of centralization. Be owing to characteristics of law, it is important to study how the law controls society and from which social problems comes. The main body of this article is attempted to study the development of agrarian managing power in "Han Shu·Monograph on Food and Currency". By this study, people can not only realize the role that the law acts on, but also acknowledge the social value of law in explaining Chinese ancient society.This essay is divided into four parts. Part one is mainly about the overall influence of agrarian managing power on political crisis of royal authority and social control in ancient China. It is not allowed to ignore the importance of agrarian managing power in ancient China. Part two describes the development of agrarian managing power. The system of prefecture and counties and the centralization of authority were established during the evolution of agrarian managing power. Part three talks about the formation process of centralization of authority. The centralization of authority was nourished by the concept of public and personal, and it was established in Qin dynasty. Part four sums up the social value of law which was limited by agrarian managing power. Therefore the features of ancient Chinese law were also limited by these social values.
Keywords/Search Tags:"Han Shu·Monograph on Food and Currency ", agrarian managing power, centralization of authority, law
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