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Research Of Confucianism Of Judiciary In The Southern Dynasty

Posted on:2013-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z H GuFull Text:PDF
GTID:2256330395988456Subject:Legal history
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Judicial Confucianism is refers to the Confucian thoughts to strengthen in the judicialdomain influence, becomes the instruction judicature practice as well as the legal systemperfect energetic principle process gradually. The Judicial Confucianism is the important stepof legal Confucianism, is also the important process of Chinese legal system development.The Southern Dynasty as the Han people regime’s extension, its Judicial Confucianismprocess has the important research significance. This article embarks from the Confucianistcore values, the Confucian thoughts seepage and the influence weight degree arrives at light“the filial piety according to the Southern Dynasty Judicial Confucianism, loyal, thebenevolence, kindness, rite” the order to elaborate the performance and the degree severely ofSouthern Dynasty Judicial Confucianism.The first part is this article key point, the main elaboration has the highest standard ofvalue Confucianist in the Southern Dynasty “the filial piety” the idea in the Southern Dynastyjudicature practice and legal system’s manifestation.“the filial piety” takes the SouthernDynasty first Confucian thoughts values, regarding the judicial practice’s material effectmanifests, in “the filial piety” takes one kind of Confucianist values to have in the judicialpractice is higher than the concrete regulation stipulation the aloof status. But the accuratefive degrees of mourning clothing allows hidden principle these two take the system crimeprinciple and the relative to manifest the Confucianist family ethics principle by “the filialpiety” as the foundation to determine guilt the discretion of punishment principle in theSouthern Dynasty judicature’s development and the consummation.The second part mainly nameless has the reality situation as well as regarding Sui andTang dynasties when the Southern Dynasty “ten Categories of Major Crime” elaborates theSouthern Dynasty judicature by “ten Categories of Major Crime” the system from the form tothe substantive concrete influence to harm the monarchial power, the imperial authority andthe political power “disloyal” the criminality severe attack, manifests the Confucianist“loyally” the idea to the Southern Dynasty judicature’s material effect.The third partial contents mainly elaborate the Confucianist “the benevolence” the idearegarding the Southern Dynasty legal system’s influence. The “benevolence” idea is “theprovince punishment pities in the judicial domain’s concrete principle punishes”. The Southern Dynasty crowned heads to display oneself law late king, to legitimate, in the lawsuitsystem, the trying system, the judicature supervisory system, executes the system and so oneach kind of concrete legal system “to pity in abundance take the province punishmentpunishes” the principle to carry on the reform and the innovation as the instruction.The fourth part is elaborates “kindness” this Confucianist personal behavior standard inSouthern Dynasty judicature practice manifestation as well as “not righteousness crime” inSouthern Dynasty’s development and the performance.The fifth part from hereditary scholar class bureaucrat privilege when Southern Dynastylegal system’s manifestation, as well as Southern Dynasty presents “disobeys the etiquette bylaw place it” angles and so on phenomenon to explain that “the ritual” starts as theConfucianist concrete behavior rule in the Southern Dynasty to have the explicit legal effect,the etiquette, although has not completed the organic synthesis, but part concrete “ritual” thecontent already started “to enter stemming from the etiquette in the punishment”.The conclusion summary summarized the Southern Dynasty judicature Confucianistdegree to be very high, and embarked from the Southern Dynasty social economy politicsculture and the Confucianist culture itself characteristic then has analyzed the SouthernDynasty judicature Confucianist and the Southern Dynasty strengthens the centralizationprocess to unify.This article research technique is quite simple, is mainly fans out from point to area,spoke with the historical evidence, uses many concrete cases and at that time the writergovernment official as well as at that time the regulation concrete provision elaborated theSouthern Dynasty judicature Confucianist’s performance and the degree regarding the casediscussion appraisal.
Keywords/Search Tags:Judicial Confucianist, Southern Dynasty, filiality, loyal, benevolence, kindness, rite
PDF Full Text Request
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