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Coexistence And Antagonism

Posted on:2015-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiaoFull Text:PDF
GTID:2285330467967880Subject:Legal history
Abstract/Summary:PDF Full Text Request
The Chang Wei system of Ming dynasty is a special judicial system with unique features.The spy and military organization, Dong Chang and Jin Yi Wei, had its own structure andwhole set of ways of doing things. It occupied a lofty position at that time, second only to theemperor, the power and authority of which penetrated into every aspect of the entire nation. Italso had a great impact on the pillar of the nation, the legal system, in that it established aspecial judicial system deviating from the traditional one, crippling the power of laws anddecrees and destabilizing the whole society. Through the study of Chang Wei system, we canhave a more comprehensive understanding of the legal system of Ming Dynasty and its natureunder a feudal autocratic regime.The coexistence and antagonism of the special Chang Wei system with traditionaljudicial system is a political feature of Ming dynasty, with deep social and historical roots.Chang Wei was founded to strengthen the imperial authority after the prime minister positionwas removed from the central power. It was also a sign of the extreme of feudal autocracy.Historically, the legal system has been the most effective means of maintaining nationalstability. However, this thousand-year-long legal system was put at stake after the Chang Weisystem appeared. It needs further probing into the nature of this special judicial phenomenon.This paper gives a detailed description and explanation of the coexistence and antagonismof Chang Wei system with the traditional justice system in Ming Dynasty and an analysis onthe dramatic destruction of the Chang Wei organization on the whole judicial system. Thispaper is divided into three parts. The first part describes the coexistence of the Chang Weisystem with the traditional justice system, with focus on the emergence and development ofChang Wei organization, its judicial autonomy, its internal structure, as well as its relationshipwith traditional judicial organs. The second part explains the destructive role of Chang Weiorganization and its autocratic nature, which put it into an opposite position against thetraditional justice system and take a upper hand in governing the nation throughout the Minghistory. The third part based on the analysis of the first two parts, probes into the harm ofChang Wei organization on the whole national legal system and the deep-rooted social andhistorical causes behind the prevalence of this political phenomena, so that we can have abetter understanding and learn a historical lesson about how the Chang Wei organization, a production of feudal autocracy, presents hazards for the rule of law.
Keywords/Search Tags:the Chang Wei system, traditional judicial system, coexistence, antagonism
PDF Full Text Request
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