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From "Amazing Tales Third Series" See Civil Law Concept Of The Ming Dynasty

Posted on:2013-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:A L WanFull Text:PDF
GTID:2246330374963973Subject:Legal history
Abstract/Summary:PDF Full Text Request
In traditional Chinese society, civil order depends mainly on the "manners" which is accumulated into practice to maintain, the state law on civil order control is limited. This leads to the ancient folk people’s idea of law different from the official confirmed orthodox law idea, or with different emphasis. These civil law ideas often reflect in various civilian literature or popular literature in ancient China. The novel’ Amazing Tales Third Series " well reflects the Ming Dynasty civil concept of law.Judicial trials in the " Amazing Tales Third Series " reflect the public understanding and awareness of the state law. In the civil law concept of Ming Dynasty, state law maintains justice, It will use heavy penalties to punish people who against justice, as a result, the state law is full of penalties color, also, affected by money and power, there are loopholes in the application of state law. Under the guidance of this national law consciousness, during the private behavior of "contract" and "peace treaty", a private legal concept is formed in civil. Folk private agreements in the " Amazing Tales Third Series " have reflected the civil private legal concept. Such as, people accept text agreement and book contract has legal effect, emphasize equivalence between justice and benefit in the trading relationship, and approve to appease lawsuit. When the regulation of national law and civil law concept do not agree, by the legal forgiveness cases in " Amazing Tales Third Series ", people express their law concept that legal should bend to the filial piety, law can not punish paladin, and law must focuses on equity.
Keywords/Search Tags:the Ming Dynasty, "Amazing Tales Third Series", civil law idea, national law, common sense, justice and benefit
PDF Full Text Request
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