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Explore Thought About "Integrate Punishment With Education"of Zhu Yuan Zhang

Posted on:2013-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:F R XuFull Text:PDF
GTID:2246330371999805Subject:Legal history
Abstract/Summary:PDF Full Text Request
In order to cope with the corrupted officials, the rich and mean people and rampant thieves, it not only imposes severe penalties rule, but also applies to the implementation of the extrajudicial torture. In order to receive better regulation effect, Zhu Yuanzhang promotes "Simple and clear law "on one hand, and on the other hand, he pays special attention to the legal system propaganda and crime prevention. The phrase "integrating punishment with education" comes out in documents after the establishment of the Ming Dynasty, responding to the needs of governing the country in the early days, it is used as the guiding ideology of the Ming Dynasty to the legislative and judicial activities. Affected by the historical background, this thinking is more practical and targeted than the previous ones. Undeniably, this method has both positive and negative impacts on the then society. Although the negative side is greater than the positive side, it is still helpful for today’s legal system construction in China. we can learn a lot from it.Altogether there are four parts in this thesis. In the first part, it mainly talks about the historical background of the formation of "integrating punishment with education’ The analysis of it is based on the relevant historical materials, the author begins the thesis from the subjective and objective aspect of the emperor’s personal background, such as his family background, experience personality and traditional rule experience; in the objective aspect, the author summarizes the lessons of the Yuan Dynasty destruction and the promotion of the social status quo in the early of Ming Dynasty. Obtained through the analysis of these reasons, the author can get the real social motive of the application of "integrating punishment with education", paving the way for the next part of the thesis, which also makes this part very neutral and objective.In the second part, through the analysis of the origins and characteristics of integrating punishment with education, the author gives the main contents of the rule and redefines the relationship between punishment and education; strengthens the importance of punishment in the social administration and attaches more importance to the educational function of education in the education publicity. In the meanwhile, the author tries to be comprehensive, specific, clear thinking and concise.In the third part, the author discusses the application of "integrating punishment with education "in the life of the law at that time. According to the guiding ideology and the subjects of the punishment of the time, the author discusses the severe law management and the Heavy governor ruling people respectively., and focuses more on the concrete manifestation of severe law management in the six areas. In fact, as long as all the purpose is to protect the rule of emperor, which is guided by the idea of integrating punishment with education, its essence is to maintain social stability and political domination.In the last part, the author summarizes the positive and negative effects of integrating punishment with education to the then juridical society, and offers valuable reference to China’s present socialist legal construction, trying to make the past serve the present.
Keywords/Search Tags:Zhu Yuanzhang, integrating punishment with education, severe lawmanagement, Method of torture, legal publicity
PDF Full Text Request
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