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The Study On The Direct Action System In Tang Dynasty

Posted on:2014-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:D S ZhouFull Text:PDF
GTID:2266330428960737Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Direct appealing system with various forms as a special lawsuit procedure, whichredresses grievances directly in ancient China, built a rare mode of communication in thehierarchical feudal society by "notifying the superior of the inferiors in the circumstance ".Through the Supreme rulers bothering about low-level officials to air their grievancesdirectly, played a role of bridge and fallback on the litigation system in ancient China,achieving the ultimate Justice for the people in the exonerate grievances,. At the same time,as a final remedy of scrubbing rule of social grievances in the ancient, it also wasadvantageous to the population of supervision and wardens significance specific body’sresponsible for acts of corruption or local officials of misconduct. This system originated inthe pre-Qin period, formed in the Western Zhou dynasty, development in Wei and Jindynasty, and had been fully perfected and standardized in the Tang dynasty. From the aspectof legal principle, the research and analysis on straight Ltd-system’s types and actualoperation in the Tang dynasty, respectively exploring several main of straight Ltd-forms,and in provides such as legal or Zhao Royal and the specific case to clear its operationalsocial mechanism and the cross or convergence between straight Ltd-system and normaljustice process, it has an active significance to research an ancient legal system for Stategovernance and social management at present, especially for a large explosion of petitionphenomenon and system reform of reference role. Exploring judicial proceedings and otherparallel complementary way of solution to disputes, the purpose of my paper is to clarifythese issues interlaced with distance between the solution and expect run by law andvirtuous circle of social demands among, to better protect the legitimate rights and interestsof citizens, and the final objective to gradually build up a scientific rational equalityrunning orderly social structure.
Keywords/Search Tags:Tang dynasty, Direct appealing system, Petition mechanisms
PDF Full Text Request
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