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Research Of Confucianism Of Judiciary In The Beiwei Dynasty

Posted on:2012-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ZhangFull Text:PDF
GTID:2216330338959349Subject:Legal history
Abstract/Summary:PDF Full Text Request
The judicial system, is actually the confucianism confucian thoughts gradually to infiltrate the judicial system field, transform and dominate the judicial, so that the judicial in Confucianism guide happened under the process of qualitative change. Throughout Chinese legal system, including the justice system, Confucianism legal Confucianism is China feudal society the main content of the legal activities, this activity began in the "emperor of rejection, yet, with various Confucian proponents represented dong did" the trial during Chun Qiu "to handle affairs, the early stage of Han Confucianism at the first step of legalist rule erosion, along with the development of the Confucianism, Confucian scholars are already did not satisfy the processing of individual mystery in, and requirements of law itself formed by the transformation of the" bring the wind of "law, to note that to achieve substantial progress law Confucianism, Han Jin, after, Beiqi etc rulers constantly advancing and finally to when the law of Sui dynasty toward counsellor for originator of succoth, finally complete legal process of Confucianism. Overview of China legal system Confucianism, careful combing legal process of Confucianism, it is not hard to find various achievements as legal Confucianism crystallization of the origin of many are Sui legal system formed in the Beiwei dynasty period, or in the Beiwei dynasty legal system basis, make it more suitable for reconstruction of Confucianism, which was ethics in Sui dynasty that inheriting and carrying forward the legal system. As a northern minorities capturing Xianbei central regime, own and without advanced system be concerned, and advantages of mid-plain situation of nomadic culture grasp, again with the farming civilization conflict objectively, the Beiwei dynasty rulers in a hundred years time but not only effective in solving the problems of the regime, maintenance, and of the rule of law firm in many aspects for the innovation, the development and perfection of rule of law of sui and tang dynasty made valuable contributions, this itself shows that includes the Beiwei dynasty legal Confucianism, the value of the legal system research. "Chinese law Confucianism say Wei, Jin, started in the Beiwei dynasty, Sui and Tang becomes by Chinese law after by a firm. Meantime orthodox long-term and complicated process, brewing in bottom to grow into." Mr Zhaitongzu describes that the macro view of legal Confucianism, with roughly comprehensine significance, objectively speaking, it also certain the legal authority to the value of Confucianism.But the current legal system research also inadequate northern part of Chinese legal system, in addition to general northern dynasties paper in this research has certain law, Mr DengYiQi outside the legal system in the northern LiShuJi research "and" north Korea Mr Studies of volunteer in civil ceremony of the Beiwei dynasty legal Confucianism, and is involved in the Beiwei dynasty judicial system of Confucianism, has yet to find a special work study in this field. So the author tries to start with the first part to discuss from northern Confucianism legal especially judicial system before the situation, to look for minority regime of the judicial system the basic situation; The second section discusses the judicial system the manifestation of Confucianism, probably from the guiding ideology, jurisdiction system and litigation system, judicial system, torture system, penalty system, the prison system and so on several big discussed in detail in this period Confucianism on judicial system, the influence of the legal system; The third part of the Beiwei dynasty judicial system Confucianism, and emphatically analyzes the judicial system review of Confucianism created significance as well as its unique taking effect.
Keywords/Search Tags:The Beiwei dynasty, judicial system, Confucianism, research
PDF Full Text Request
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