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The Balance Of Imperial Power Centralization Of The "Judicial Decisions Accoridng To The Annals Chunqiu"

Posted on:2012-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:S WangFull Text:PDF
GTID:2216330338459487Subject:Legal history
Abstract/Summary:PDF Full Text Request
"Judicial decisions according to the Annals Chunqiu"is also known as"Judgment according to the Classics",it is a special trial method appeared in the Han Dynasty.The content of Chunqiu were quoted directly as reasons of a syllogism and it has played an important role in interpreting the Confucian ethics spirit and principle.This article analyzes the reasons for"Judicial decisions according to the Annals Chunqiu"generated,and summarizes some justice principles for the six cases of Dongzhongshu,such as"Shielding relatives from punishment","Adjudging an Innocent Person according to His Criminal Intent"and"Punishing criminal ringleaders"etc.The article focus on the balance of imperial power centralization of"Judicial decisions according to the Annals Chunqiu", it includes maintenance and restraintance two aspects. On the one hand, by analyzing the cases of"Judicial decisions according to the Annals Chunqiu", advocates the"righteousness between the monarch and his ministers"and emphasize the supreme imperial power;one the other hand , the righteousness of Confucian puts forward the theory of"telepathy between Heaven and Man",and it come up with some doctrines of"critical comment on disaster and abnormal occurrences";it questioned and challenged the legality of imperial power to constraint the emperor and limited imperial power. At the same time,in the"Judicial decisions according to the Annals Chunqiu"and promote the bureaucratic status of Confucian scholars to counter-balance and constraints unlimited expansion of imperial power."Judicial decisions according to the Annals Chunqiu"was played an active role on the imperial power balance .And it has its positive and negative aspects. Although the majority of scholars hold negative attitude for "Judicial decisions according to the Annals Chunqiu"in the history,where there are many positive aspects are still worth learning, especially on the imperial power balance. No matter how it turns out , the imperial power is need this restriction and reach the purpose of maintaining the feudal ruling order in the end.
Keywords/Search Tags:"Judicial decisions according to the Annals Chunqiu", righteousness of Confucian, imperial power
PDF Full Text Request
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