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Identity And Local Adjudement At The Later Period Of Song Dynasty

Posted on:2014-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y TianFull Text:PDF
GTID:2256330392463362Subject:History of Ancient China
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Identity hierarchy is a major feature of traditional Chinese society,it is alsoreflected in the adjudement: the different identity of the parties is not the sameposition in the adjudement. Take Southern Song Dynasty as example, litigiousnessbecome a very prominent social phenomenon in the southeast region at that time.Iselected four identity of the parties——officials, imperial clan, scholars, monks——as an entry point, take the Cai Hang’s verdict in Ming-kung shu-p’an ch’ing-ming chias the center historical data,trying to understand the impact of the identity in theadjudement.Studies have shown that, at the Song Dynasty,the different identities of theparties will impact on the judicial treatment and punishment. In the case of thejudicial treatment, the adjudement of officer need to memorialize the court, theadjudement of imperial clan need to adjude by ta tsung-cheng ssu(大宗正司),scholars and monks crime be adjuded by local standing judiciary. Note that,thejudicial treatment will be changed by the different time、environment and otherfactors.In the case of the punishment,the punishment to imperial clan and scholars isnot only punished lighter, but more emphasis on the legal’s education. View of theexisting research,the monks is more sentenced by laws.Because of some judge didn’tmemorializing the court in,lots of officials be punished by tui-i(对移)etc,likeadministrative sanctions. Even if the officers be memorialize to the court,lots of themwill obtain lenient adjudement, given preferential treatment is evident.
Keywords/Search Tags:identity, Song Dynasty later period, adjudement, Cai Hang, verdict, Ming-kung shu-p’an ch’ing-ming chi
PDF Full Text Request
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