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The Ancient System Of Permitting Culprit To Support Lineal Elders And Its Contemporary Revelation

Posted on:2013-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:W J LiFull Text:PDF
GTID:2246330362973213Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The System of Permitting Culprit to Support Lineal Elders which deeply reflect thecharacteristics of Chinese traditional legal culture is an unique penalty system inChinese feudal society, it means that some make the death penalty, imprisonment orexile of the criminal punishment may have the opportunity to go to support theimmediate eldership who is old age or disease. This paper firstly shows the emergence、development and evolution of history of the System of Permitting Culprit to SupportLineal Elders and makes comprehensive research on its connotation through indepthstudy,then focuses on its historical value and reference and takes some correlativesystem design. This paper is divided into six parts:This chapter firstly introduces the concept and the origin of the System ofPermitting Culprit to Support Lineal Elders,then makes a detailed analysis for itsprofundity thought background and the deep politics、 economic and social reasonwhich point out that the immediate cause is to satisfied the demand of labour force butthe root causes protect the feudal thoughts of etiquette.The first chapter gives a comprehensive introduction about the historicaldevelopment of the System of Permitting Culprit to Support Lineal Elders. The maindiscussion is its maturation in the Tang Dynasty and its perfect in the Qing Dynasty. Atlast,there is the analyses of the reason for what it retreated from the history.From the legal culture aspect,the second chapter discusses the abundant Chinesetraditional legal culture connotation and the intrinsic value conflicts it faced in Chineseancient feudal society and thereby reveals that the System of Permitting Culprit toSupport Lineal Elders is the inevitable choice under the special social and politicalbackground like that time.The main content of the third chapter is the contemporary revelation of the Systemof Permitting Culprit to Support Lineal Elders on our modern society.The fourth chapter: First,there is the jurisprudential analysis on the contemporaryrevelation of this system,and then analyzes the necessity and feasibility that to use forreference combined with the contemporary Chinese social reality status and development trend of the criminal law. Finally,this chapter makes some system designassociated for the contemporary revelation of the System of Permitting Culprit toSupport Lineal Elders on our modern society.From discussion about the contemporary revelation of the System of PermittingCulprit to Support Lineal Elders on our modern society,the fifth chapter furtherexplores the problem about modernization of ruling by law in China and points that wemust fully respect the social condition and take it seriously to make use of the Chinesetraditional legal culture.
Keywords/Search Tags:the System of Permitting Culprit to Support Lineal Elders, Filial piety, traditional legal culture, Contemporary reference
PDF Full Text Request
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