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Research Of Death Penalty Review System In The Qing Dynasty

Posted on:2015-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
GTID:2266330428456100Subject:Legal history
Abstract/Summary:PDF Full Text Request
The death penalty review system of our country ancient times the death penaltyreview is a kind of criminal lawsuit system with Chinese characteristics,it is theChinese nation excellent legal culture heritage. It can be said that our country’scurrent death penalty review system to a great extent originates from the ancientdeath penalty review system in our country,is in line with the death penalty reviewsystem in ancient China. Ancient punishment since have gone from a brutal andcruel to relative to the evolution of civilization, penalty corresponding alsoexperienced a evolution from abuse to the restricted step by step. With thecontinuous development of the civilization of legal system in ancient,the deathpenalty application is restricted in the process of gradually,also accompanied by thedeath penalty review system. Of the death penalty review system on the one hand isto maintain its feudal monarchy regime’s needs; On the other hand is the Confucian"cautious punishment of criminal law" concept and implement result of the deathpenalty review also by the first emperor in the form of a review for graduallydeveloped into a set of perfect and various forms of the death penalty reviewsystem.This article mainly USES the method of combination of history andcomparative study through the investigation and literature,to obtain information,synthetically introduced and commented the ancient death penalty review system inour country especially in the qing dynasty of the death penalty review system,so asto clarify the death penalty review system of governance and the thought to presentthe influence of the death penalty review procedure.This paper consists of four parts: part I: an overview of the ancient deathpenalty review system in China. This part mainly Outlines and development of ourcountry ancient times the death penalty review system and its characteristics. Thewidow ZaiJiao in law. The second part: the death penalty review system in the qingdynasty,mainly about the death penalty review system in the qing dynasty before theinherited generation of death penalty review system and have their owncharacteristics,on the basis of,and the implied thoughts. Reflected in the third part: the death penalty review system of thoughts,mainly refers to the thought of "theritual",such as in ancient China has a "punishment" said today (Monday) as well asConfucianism,in ancient Chinese society,Confucianism dominated become theorthodox legal thought from han dynasty to the qing dynasty,during the period ofchanging,and by the end of feudal society a dynasty-qing dynasty,Confucianthought is deeply rooted in the hearts of the people. But whether it is "the ritual" thethought of Confucianism,both is not split,but connect with each other,complementeach other. Confucian thought law cannot leave the Confucian and independence,laws must be guided by the ritual,for the principle."Jun him with courtesy,I thinggentleman with sincerity","the father love,the son filial piety,friends brother,brother,listen to","the ritual" advocated by Confucianism in the pre-qin dynastyprimary content. Etiquette education,kiss and respect the hierarchy is an importantcontent of Confucianism."The ritual" governance and the development ofConfucianism to the death penalty review system has a very important role. Thefourth part: the development of the ancient death penalty review system and itsembodiment of thought’s influence on the modern death penalty review procedure.Since2007,the death penalty review power under the supreme people’s court toexercise unified,the exercise of the right to review death penalty and the deathpenalty review procedure has been attracting the attention of the society,the exerciseof the right to review death penalty should be transparent,the death penalty reviewprocedure should be tested in the sun. Four parts in the paper elaborates on thedevelopment of the ancient system of death penalty review,which introduces thedeath penalty review system in the qing dynasty,as well as our country ancient timesthe death penalty review system of great men of the ideological influence oncontemporary death penalty review procedure,of which "the cautious punishment tokill" thought of modern death penalty review procedure still has great significance.
Keywords/Search Tags:Qing Dynasty, The Death Penalty Review System, Rule of Rite, The CautiourePunishment to Kill
PDF Full Text Request
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