On The System Of Chinese History Remains A Kiss

The system of permitting culprit to support lineal elders was unique in Chinese feudal society, It was a penalty system which rooted into literature of Confucianists. In ancient China it refers to some persons were sentenced to death, exile or imprisoned but their elderly parents or grandparents have no one to take care of their life,then the prisoners will allowed not be executed to the original verdict. Instead, they are allowed to care their relatives and wait their relatives die after implementation or revision of the penalty system implementation. It stems from Northern Wei Dynasty filial piety Emperor Wen TaiHe 12, to the end of Qing Dynasty. Why such a legal system could exist for nearly 1500 years in Chinese feudal society? There were many profound social reasons:the smallholder economy afforded economic foundation, the patriarchal clan system afforded institutional auspice, and Confucianism afforded academic argumentation. The primary purpose to establish this legal system is to stick up for the feudal moral. The qualification for applying this legal system is prescribed in the code, the application is strictly controlled by judicial functionary. The existence of the system benefit the support of culprit's elders, maintain social and family stability and the influence on culprit and the rule of emperor. The ultimate reason of this system is the maintenance of the social ethic and morality. It was a perfect combination with the empathy and the law.This dissertation gives a full review of the system of "permitting culprit to support lineal elders", it mainly gives the contents, the historical development and its dying out. This dissertation can be divided into five chapters which can be lists as following:Chapter 1 begins with the definition of the "permitting culprit to support lineal elders" system, and then proposed that this system was the legal Confucianist's result, and introduced the significance of study this question.Chapter 2 gives us a full view of the" permitting culprit to support lineal elders" system, which can be divided into three sections. The first section proposes the origin of the system:this system had no record in historical materials before Han Dynasty, then it introduces the specific content and times of the generation of "permitting culprit to support lineal elders" system, and analyses its reason. The second to the fourth sections points out in was in Tang Dynasty that the system of "permitting culprit to support lineal elders "had took shape and finalized, through unscrambling the relevant stipulation of the law of Tang Dynasty, we describe the specific content and evolution of the system. It was formed in Tang dynasty, and the system of "permitting culprit to support lineal elders" in Song Dynasty,Jin Dynasty,Yuan Dynasty and Ming Dynasty had no development and change, but had its own bright and unique characteristic. After that, we discussed its perfect stage. The system went into the perfect stage in Qing Dynasty. The governor of Qing Dynasty inherited the stipulation of Ming Dynasty, and joined some new rules into the law, such as surveillance measures. Then the dissertation introduces the withering away of the system of "permitting culprit to support lineal elders", in this part, we describes its process of dying out, and analysis the reason. We know that the system can exist for such a long time in the history of Chinese feudal society because it can meet the needs of feudal dynasty and defends feudal dominance, and its vanishing was due to the blindness of revising the law and the change of economic foundation, which was the trend of history and inevitable.Chapter 3 analyses the historical value of the "permitting culprit to support lineal elders" and its difference between fair and justice.Chapter 4 shows that though in today's world, the system of "permitting culprit to support parents "has lost its basis for the existence, but the value it reflects, such as humanistic spirit, as well as filial piety and etiquette principles could still be found in both domestic and foreign laws. This phenomena means the system accord with human nature, it meets some common spirits and requirements we human being all share.Chapter 5 tells us the system of "permitting culprit to support parents "was a precious historical heritage in Chinese history of law. So we should use the system of "permitting culprit to support parents" for reference in the process of contemporary development of democracy and rule of law, so as to build our society a more harmonious one.