Font Size: a A A

An Exploring On The Legal System During Ming Chengzu’s Reign Period

Posted on:2014-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:L L TongFull Text:PDF
GTID:2256330401478296Subject:Legal history
Abstract/Summary:PDF Full Text Request
The reign period of Ming Chengzu,this Twenty-two years is a nexus period.Generally,Ming Chengzu followed the legel system of the Ming Taizu’s reginperiod,abolished the new legal measures of the emperor JianWen.But he was anemperor who want to have some pioneering changes and want to found exploits. Thisalso reflectted on the legal system. There were some contributes which promoted thedevelopment of light punishment system in Ming Dynasty.But establishment ofEspionge Agency under the leadership of the eunuch and the Imperial Guards in MingDynasty, Which planted the seeds of the Ming dynasty’s demise.This is a pity.The structure of the paper is organized as follows:First is the content of the introduction part. Explain the paper’s selected topicreason,the purpose and significance of the study. And summary the current academicresearch.Next is the contents of the body. The first chapter briefes on the legal backgroundof Ming Chengzu’s reign period. The overall framework of the early Ming emperor inthe legislature, the judiciary, the legal system has laid. Emperor Jianwen’s conditionfor the reform of the legal system of the early Ming. Then leads Chengzu’s attitudesfor these two legal systems. In general,inherited legal system of Ming Taizu’s period.The second chapter describes the new legislation of Chengzu’s period. Clarifies the new law of this time.Single-line law article is one. Edicts is twenty-three.Ordinance is more than a dozen. Recover Forty-five Notices in the period of MingTaizu,and twenty-four Notices were added. At the same time, pointing out that theformal termination of the legal effect of the DaGao was in nineteenth year of MingChengzu’s reign period.The third chapter describes the evolution of the criminal legal system duringMing Chengzu’s period. The contents of punishment of Exile and Implicate have anew development. Applicable penalty has two sides.“Doubtful not add”,“carefullyrecorded prisoners”,“limit torture" principles of justice show out penalty is mild andamicable.But “appointment cruel officials”,“prisoners drowning”show out penalty isharsh. At the same time in the practice of criminal law,Chengzu rectified theshortcomings in the procedures.The fourth chapter describes the distinctive officials rules.The newregulation“Censor do not use officials”was followed in the late Ming Dynasty. Givepreferential treatment to military officer in law,.Punish officials crime still continuesHongwu period severely punish corrupt officials, while focusing on punishingofficials who ignore the people’s livelihood.The fifth chapter describes breakthrough in the judicial system during MingChengzu period. This is where innovation centralized. On one hand, the creation of“Espionge Agency under the leadership of the eunuch”and the”and“ImperialGuards”re-established, erode the normal jurisdiction, brought far-reaching negativeeffects to the late Ming Dynasty. On the other hand, the “death penalty fivereferrals”revival,“the provinces decide prisoners”,“field deaths row to the capital”joint hearing, as well as initiating “trial in the summer”and “trial in the winter”,pushing forward the development of the Ming Dynasty’s cautious punishment system,providing a source positive effect for the developmeng of joint hearing.The last chapter expounds the impact of developmeng of law system duringMing Chengzu’s period. Summarizes the impact of the new legislation, the criminallegal system, the officials rule of law,the judicial system during this time.And pointout some are slight impact, affecting some aspects of the Ming Chengzu’s period, and some are fundamental impact, affecting the legal system after the Ming Chengzu’sreign period.
Keywords/Search Tags:Ming Chengzu, Legal, Legislation, the Officials legalsystem, Justice
PDF Full Text Request
Related items