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Research On The Creation Of Banishment

Posted on:2013-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:C YuFull Text:PDF
GTID:2256330395988465Subject:Legal history
Abstract/Summary:PDF Full Text Request
The banishment is an important punishment in ancient China, included in the system offive punishments with the sentences of flogs, cane, imprisonments and death. In the narrowsense, the banishment is a punishment, which the government exile the guilty man to remoteareas. The punishment of banishment has a long history, which from the dynasty of Shang toTang, it experiences a great development and vanishes in the legislation reform of the Qingdynasty.First of all, this essay’s aim is to explore the development of banishment before theSuiTang dynasty, and is trying to trace the source of it. The researchers have done a lot ofwork on the banishment after the SuiTang period, but few people have focused on thesystematic discussion of the source and development of banishment, especially in the broadsense of it, for which are exile, Qian,Zhe of Qin dynasty and so on. In order to have a deepinsight of the banishment, this passage will discuss these punishments and the relationshipbetween them.Then, three disputable questions will be talked about on the research of banishment.First, in the respect of the similarity of the spirit, means and purposes, the relations amongthese punishments would be fully discussed. What’s more, the exile, banishment andsettlement are transforming into the banishment as a major punishment. Second, after thereform of corporal punishment on Wen emperor of Han dynasty, there is a drawback andinfluence the banishment become a punishment second to death penalty. Thirdly, havingdone a research on the reason of banishment become the major punishment, there arereasons including historical impact, demand of times and Confucius thought.Finally, from the horizontal and longitudinal perspective, this passage will outline thecharacteristic.And an analysis of the meaning of banishment is given from diversifieddisciplines, including politics, economics, military and social culture.
Keywords/Search Tags:banishment, creation, trace the source, analysis
PDF Full Text Request
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