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Research And Discussion Of The Emendation And Relevant Factors Of Jiajing Wenxing Rules

Posted on:2013-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ChenFull Text:PDF
GTID:2256330395488461Subject:Legal history
Abstract/Summary:PDF Full Text Request
As the most important criminal law of the mid and final period of the Ming Dynasty,Jiajing Wenxing Rules was a amended version of Hongzhi Wenxing Rules. The suggestion ofmaking emendation to the Hongzhi Wenxing Rules had been put forward several times, but itwas not amended until the Jiajing27thyear, and the Jiajing Wenxing Rules was promulgatedin Jiajing29thyear. There is a congruent relationship between the time of discussion about theemendation to the Hongzhi Wenxing Rules and the time of the Great Ritual Controversy andother political struggles, such congruent relationship also reflects the mode of action how theregulations established by ancestors and the imperial power of Ming Dynasty influence thelegislation process.The Zhengde emperor age before Jiajing emperor ascended the throne was an age ofdarkness, the corruption phenomenon got intensive increasing, the imperial family and localtyrants seized the lands of farmers, which had intensified the class conflict, the domination ofMing Dynasty was faced with a terrible crisis. Jiajing Wenxing Rules adapted to the changesin the half century after the promulgation of Hongzhi Wenxing Rules, and had someoutstanding features in content, for example, it perfected the regulations of limiting andstriking the imperial family who ignores the law, perfected the regulations of thepenalty-ransom system and the banishment, severely punished the corruption misconduct ofofficials and soldiers and limited their privilege, strictly maintained the feudal morality andthe national economic order, striked the local tyrants around the country and limited the actionof refugee.Compare to the Hongzhi Wenxing Rules, there were a number of new clauses in theJiajing Wenxing Rules, the Jiajing Wenxing Rules involved more legal norm and reflecting itsprogressive legislative technology. The enforcement of Jiajing Wenxing Rules strengthenedthe centralism of Ming Dynasty, mitigated the class conflict and had a positive effect on thelaw and social development of Ming Dynasty. Sotosay, Jiajing Wenxing Rules had a quitegood reflection of the social and judicial practice at that time.Besides, this article also make a research and examination to some relevant factors ofJiajing Wenxing Rules, such as the exact time when Yu Maojian suggested to amend theWenxing Rules, the officials in charge of the emendation of Wenxing Rules, the exact time when Jiajing Wenxing Rules was promulgated and the exact quantity of the clauses of JiajingWenxing Rules.
Keywords/Search Tags:Wenxing Rules, JiaJing, Regulations Established by Ancestors, theGreat Ritual Controversy
PDF Full Text Request
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