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Examination Of China's Ancient Origins Of Dereliction Of Duty

Posted on:2010-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y WangFull Text:PDF
GTID:2206360275992812Subject:Law
Abstract/Summary:PDF Full Text Request
In the traditional Chinese legal culture, the historical ancient criminal law at punishing and preventing job-related crimes have on specific provisions of our country in order to clarify the ancient forms of dereliction of duty and legal developments and changes in the evolution of the historical process, this article from the earliest recorded in the legal system's "Book of History "begin to explore our country to the beginning of dereliction of duty and dereliction of duty on the history of crime and punishment and legislative activities carding."Shang" is recorded in our country's legal system as early as a historical record of the legend of Yao, Shun and Yu muwang period to the Western Zhou period, the relevant legal system, there is one of many about the fight against the legal content of dereliction of duty. It can be said that the ancient crime of dereliction of duty and penalty xingming all stems from "the Book of History." Moreover, in accordance with "the Book of History," the records, Xia and Shang Western Zhou Dynasty in ancient China are the origin of dereliction of duty.In the Qin and Han Dynasty, because of the election officials of different systems, for official misconduct and that the crackdown has become even more powerful than the previous generation, the abolition of "World-Qing Shi-Lu system", but also the abolition of the "no less than shuren ceremony, punishment not on the doctor, "the preferential treatment of legal privilege aristocratic bureaucracy, at the same time, anti-malfeasance crime legislation during this period was further developed.In the Tang period, compared to hereditary, such as election officials recommend system, civil service exam system is flawless, fair, open and fair elections Officials way to change the world of blood-Qing Shi-lu election official law and recommend a system of menfa gentry. To adapt, the fight against malfeasance crime legislation to improve further. "Tang Shu Yee" Code for the feudal dynasties of Dacheng, for the former for the Qin and Han Dynasties, Song, Yuan, Ming and Qing Kai under the feudal rule of law magnificent giant system, dereliction of duty is to study an indispensable chapter; bigminglv is three decades of rule, the experience of the emperor "a long time and consider sperm generation method so determined," compared with the Tang, big in spirit, in the Legislative minglv and legislative system for on one of change and influence legislation has clearance pattern generation has become the most against dereliction of duty has Value, one of the Codex.Code of history typical dereliction of duty regarding the inspection, this article summed up the history of the characteristics of dereliction of duty, that is dereliction of duty to punish the ancient evolutionary history of the rule of law are from the matter to the people to the course of official duties, and dereliction of duty against the with a broad range of dereliction of duty to combat the increasingly severe manifestation of the trend, pay attention to the fight against the system of dereliction of duty, and so on. Moreover, in ancient China through the crime of dereliction of duty carding and analysis, and our country today, the relevant legal provisions for comparison, this article on the history of the Enlightenment dereliction study are: for dereliction of duty should be focusing on prevention and combat as a supplement; strengthen The idea of public servants ethics and professional ethics education; perfect dereliction of duty against the legal system, and further strengthen the powers of oversight mechanisms.
Keywords/Search Tags:ancient Chinese, civil service exam, system of dereliction of duty, "Tang Shu Yee"
PDF Full Text Request
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