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Research On The Application Of The Original Rural Stytle In A Civil Trial Of The Song Dynasty

Posted on:2014-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:M L DongFull Text:PDF
GTID:2256330401961607Subject:Legal history
Abstract/Summary:PDF Full Text Request
According to documents in Song Dynasty," Xiang Original "Style is a frequentconcept, which generally means local customs or Xiang cases,apply to specificpeople in a special region. Customs and local customs are totally different not only inconnotation, but in applying as well. Customs has its meaning that ordinary behavioris subject to wildly accepted morns. While the latter is more formal, which stress ideaof style.Reviewing the " compilation of just verdicts by famous judges ", we found thatthe Song civil trial not only based on the traditional " law, order, case, type, Chi " andother forms, but also referred to " Xiang original style ",sometimes even directly as atrial basis to apply." Application of Xiang original style " in the civil trial deservesdeep research. The author thinks that the connotation of " Xiang original style " is aregional, folk and official approval local customs, which should be applied not onlyin appearance, land rent, house and land trade, taxation, water affairs, public worksand so on, but also as a judgment basis or as important reference factors in the civiljudgment.This paper focuses on the application of " Xiang original style " in the civil trial,definiting the connotation and attribution of Xiang original style "; confirming the reason of Xiangyuan Tili appeared in the Song Dynasty and was officially accepted in the civil trial; and analysing its application principles and scope in specific cases,; thensummarizing the lessons of Chinese traditional culture on the trial of cases of enlightenment. Thus " Xiang original style " is one of the Song Dynasty civil trial basis, and can be traced to the same origin of the now civil trial basis"public order and good customs " principle.
Keywords/Search Tags:The Civil Trial of Song Dynasty, The original rural style, On the basis of trial
PDF Full Text Request
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