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Reality Of Chinese Ancient Independent Legal Construction

Posted on:2013-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:K K ZhangFull Text:PDF
GTID:2266330425450883Subject:Legal history
Abstract/Summary:PDF Full Text Request
The monitoring system, in the historical track, showed the superiority of its institutionalprominence. it is not only able to effectively correct and monitor Baiguan′s administrativeviolations and bad behavior, but also to a certain degree, control and correct the rule of feudalemperors in the process of decision-making and behavior. We might even think even for therunning of the highest power, it played a positive specification and negative prevention role.With the progress of the legal system in ancient China as a whole, fragmented monitoringrules have been gradually legalized and text-based. The Monitoring system was relativeindependent, it has not only established their own important role in the field of surveillancesystem in the world, but also fully reflected its own legal culture of ancient China,as animportant feature of the special of the Chinese legal system. The ancient mitsuka monitoringsystem as a part of the ancient political system, its main role was to consolidate the feudalautocratic rule, to maintain discipline, to maintain the integrity of officials. As a part of theChinese cultural heritage, the system contains a wealth of experience and wisdom, so it isworth our study and reference. In the process of the formation and development of the ancientsupervision law, the ancient had accumulated rich experience, and the experience weremeaning for the construction of current monitoring legal system. However, due to the lack ofdemocracy, the ancient supervision law can not breed the legal concept of the modern Westernsociety with legally binding powers of the rule.As the inheritors of Chinese civilization, the builders of the socialist cause, we should see thatthe monitoring system of the ancient Chinese has left a lot of valuable lessons in theestablishment of scientific and rational, modern sound and efficient monitoring system. Itsdrawing and reference value is obvious, it not only provided vivid material from differentangles of the monitoring system provides, but also enable us to understand that themonitoring system as part of the country’s political system, is bound to be constraints, whichcan not be detached from fundamental political regime. Therefore, we should respect history,address history, absorb nutrients from the ancient monitoring system. We should find thereason of its operation for thousands of years and make up for its historical and classlimitations. According to the requirements of modern legal philosophy, all the public powerauthorities must exercise their powers in accordance with the provisions of the law, thesupervisory organ is no exception."building a socialist country ruled by law," has beenwritten into the Constitution. China is developing on the road of democracy, the rule of law,constitutional country. I believe that with the progress of democracy and the rule of law, withthe constant improvement of the monitoring system, the effectiveness of the monitoringsystem will be further improved.
Keywords/Search Tags:monitoring system, history and development, codification, features, realinspiration
PDF Full Text Request
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