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The Privilege Law Analysis Of Tanglushuyi

Posted on:2014-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y L WuFull Text:PDF
GTID:2256330422457332Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Among the chinese code,tanglushuyi is the best one,someone call it is the kingof the code.it no only Promote the development of Chinese legal history,but alsoaffect the legal system of East Asian countries.it’s very important in the Chineselegal system.tanglushuyi was born in the Chinese feudal society prosperousperiod,it represents the highest level of legislation.In that time,tang had alreadyrecover from the disaster for zhenguanzhizhi.it become stronger and stronger.sinceemperor lichi, Productivity development to a new level.The commenders of tangConsidering the importance of law after sequence was stabilized,reconsider to makethe law.so tanglushuyi was made by the time.as it is a produce for powerful economic strength and political background,sothe tanglushuyi with obvious class and time color. Different from the previous singlelot code,tanglushuyi involved in the range.it Inside the content through everyaspect of the society.no only the criminal legislation, but also on the economicregulation law.Tanglushuyi hand naked with law form specified the nobility privileges.thenthe privileged class naked superior to the common people’s rights. but on the otherhand, inside some privilege law also protects some of the benefits of the socialvulnerable groups. at this point, the thought of the Confucianist is agree withoutprior without previous consultation.it means that,tanglushuyi is the Confucian law thought the confluence of twointersection in the field of law, the perfect crystallization.especially in theprivilege law, confucian and Legalist Thought of the rule of law collision, friction,but the final one, complement has short, develop their potentials, differentapproaches but equally satisfactory results is also so-called.It is in this sense, the author thinks tanglushuyi charter privileges in Chinamethod which is highly representative, It shall be as the legal culture as a modelfor research. Therefore, the author thinks, of tanglushuyi privilege law of greatsignificance.by the author of tanglushuyi privilege law research, explore the privilege lawform of existence, Trying to uncover the privilege law in China to be the cause andits development direction, find out the limits of modern privilege rampantprescription for. With the historical and modern theory, development and innovationof line method, from a legal and cultural perspective to do meaningful study.The full text is divided into four parts:The first part is the introduction of tanglushuyi.Mainly introduces the Tanglaw background, main author, characteristics, and effects.The second part is the focus of this paper, mainly introduces tanglushuyi,whichprivilege method content The ancient privilege law contents were classified, andthe Tang law relates to privilege law carries on the contrast analysis, analysisof different privilege law. In order to be able to tap the inside deep privilegedlegal thought, as the full text of the study set a master tone. The third part introduces China ancient times privilege law sources of legalthinking, legal reasons for privilege. The author thinks the consanguinityarithmetic was bred "privilege" hotbed, maintain the feudal system is to strengthenthe "privilege" of motivation, the orthodox Confucian legal thought is the privilegemethod "prototype". In ancient China, the privileged abrogation of the law mainlyhas two kinds of theories, Confucianism and legalism, Privilege law is in the twotheories of law under the guidance of the thought, and finally developed into arelatively complete system.The fourth part of "the Tang law" privilege method to assess, mainly on the insideof the privilege law characteristics and privilege law impact analysis. And try toon the basis of the research on contemporary chinese interests, balanced legal systemand puts forward some constructive suggestions...
Keywords/Search Tags:tanglushuyi, prerogative law, legal thought
PDF Full Text Request
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