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Research On Officials’Judicial Practice On Qing Dynasty

Posted on:2013-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2246330371479460Subject:Law
Abstract/Summary:PDF Full Text Request
The original meaning of “the upright official”is the officials who follow the law.Starting with Qian’s Shiji,"Han dynasty King Wen、Hang Jing,Huang Lao ",theofficials who doing nothing ruling people.To stand for Taoist school thought. Withthe development of the society,the meaning of the upright official is difference.themeaning of upright official in Qing dynasty is stand for Confucian.the essentialpower is Confucianism and culture.The upright official in Qing Dynasty is the cue of this text.in the script of QingShi Gao Upright Official Biography,via the historical material or data Analysis thejudgment of the upright official, the judgment Characteristic,and find the origin ofthe causes on the judgment of upright official in Qing dynasty. The Qing shi gaoismade of536rolls.Among in these,46rolls、47rolls、48rolls、49rolls are about on theofficials.The definition of concept is the foundation of this text. The article’s define twoconcepts “the upright officials” and “judgment Practice”.On the ancient traditionalsocieties, The judgment of upright officials is not just judiciary.this is ignore therole of father-mother official. Try to reduction the history. Meanwhile, according tothe allocation of clear Code of Official set upright officials and clear The Officialsummary. The clear upright officials also have its own unique features-"severelypunished LITIGATOR. Comparative history of the "upright officials Biography" clearupright officials review the off severely punished Litigator frequently, willundoubtedly become clear upright officials judged of practice unique.In this paper through a combination of upright officials of the "History of QingDynasty upright officials Biography judge between his practice to analyze the casesin the Qing Dynasty" trivia "and" Emotion "division, to explore the attitude ofdifferent types of cases, clear, upright officials judged of the process differentemotion. Because of limited capacity of author, only to do their learning, ownunderstanding, try to clear upright officials judged of practice through their own Analysis, the situation of being reproduced. The author first analyzes the clearupright officials for the "trivia" cases to mediation enlightenment as the main meansto judge between "Emotion" award, the clear upright officials are often adhering tothe "Jinxu Ren Shu’ from the heart, from the cases in pursuit of suspects can boastplot, to be lenient punishment.In the judgment of upright officials, very common example of the help the godssettle a lawsuit. Some upright officials even after death is regarded as a "ChengHuang God. It is obvious that the prevalence of the trial of gods and the results are themajority of people accepted. At the same time, it is noteworthy that the use of thegods to decide cases at the same time, the clear upright officials themselves have ahigher judicial skills. Also many historical documents, based solely on the gods tojudge between examples drawn criminals. The Ordeal seen the use and promotion ofupright officials in the Qing Dynasty.In the judgment of Clear upright officials practice between a range ofcharacteristics of the formation of the root causes, the author Analysis of Part IV Inthis article the author for a number of factors affect the practice of clear uprightofficials to judge between, on upright officials to judge between the practice of manyfactors. I only from the more important factors were analyzed: First analysis of therise of upright officials cultural background, detailed traces the historical backgroundand implications of the changes generated by the upright officials. This process, Ibelieve that the "Confucian Law" is to implement one of the main context. Followedby analysis of the cultural background, the author carried out the background ofupright officials resolve. Upright officials cultural context, the knowledge backgroundof upright officials depends on their cultural background in which. In the quality ofthe spirit of the ages upright officials contains the Confucian, Mexico, France, thecrystallization of ideas, it is true, the most affected Confucianism. The Qing uprightofficials along the essence of Confucianism, Gong the practice.Finally, the author of the Qing Dynasty to judge between the institutional levelresolution. From the institutional point of view of the Qing Dynasty to analyze theclear upright officials have large discretionary power, the role of backgroundknowledge of the cultural backgrounds and upright officials, whether it is the clear upright officials in mediation for cases of "trivia" enlightenment "Emotion" case "QinXu" are reasonable. In this analysis, the ages upright officials judged of practice wereanalyzed. But the ultimate goal is to further analyze the clear upright officials judgedof practice.In this paper the fourth analysis, the authors hope to be judged of practice forclear upright officials to provide some inspiration for the modern judicial construction."Upright officials, under the feudal rulers ruled by the Qing upright officials to judgebetween practice and Ai min thinking has certain limitations. But overall, they’re theoutstanding statesman of Chinese feudal society of progressive thinking.
Keywords/Search Tags:The upright official, Judicial pratice, The upright official in Qing dynasty
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