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The Study Of Charitable System Of The Han Dynasty

Posted on:2016-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q HongFull Text:PDF
GTID:2295330470479286Subject:History of Ancient China
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Charitable system is one of the basic system of the ancient legal system in our country, which dates back to the western zhou dynasty. With its constantly improving and the development of the ancient legal system, Charitable system is the basic principle of punishment since the western zhou dynasty. Charitable system is in the Chinese traditional thought of benevolent governance(by feeling theory method), under the influence of rulers to maintain social stability and to the perpetrators of all kinds of representative system.It has a narrow and broad. Charitable system in its narrow sense refers to young woman Benedict disease and representative of the inmates. Generalized penalty "is refers to the ruler of the T-shirt of doctrine of the floorboard of the various representative system. It by the method of Charitable system and Charitable system "method in two parts: the Charitable system" outside the law refers to the system, unconventional amateur, including commutation and amnesty two parts; Method in Charitable system "is refers to the system, the conventional method lay on the kernel, including Charitable system in legislation and judicial practice, such as the legislation on waste sit through method of corporal punishment, in addition to the family of three, in addition to libel viral crimes, the judicial practice in the Chesapeake bay bow and redemption punishment system. This paper is from the Angle of the generalized to the penalty system. Han dynasty is an important period in the development of Chinese ancient Charitable system. It inherited and developed the previous system of Charitable system, Charitable system "for future development laid the foundation of theory and practice, and provides the reference and the future role.This thesis is divided into four chapters, which study on the Charitable system system of the Han Dynasty. First of all, to study the Charitable system, we must first understand its idealist origin and background. The first part of this article from the "mingde Charitable system" people-oriented thoughts, the Confucian’s thought of "benevolence", Chinese traditional view of human and moral values, and the induction of nature and thought this four aspects to discuss the thoughts origin of the penalty system in han dynasty; From r. T-shirt and negligent crime of special groups could be forgiven for thinking of song dynasty had come up on the evolution of penalty system before han dynasty. Then, the second and third chapter detailed analysis the concrete manifestation of penalty system in the han dynasty. This article mainly from the following two aspects, namely: extrajudicial penalty in the special group and private phase commutation of the avengers, amnesty for criminals, as well as the method from the penalty in embodied in the legislative and judicial practice of penalty. Finally in the fourth chapter is the essence of penalty in han dynasty, the social effect and historical influence.To maintain their ruling order, Charitable system, which is deceptive,is a political measure. Its punishment system for the implementation of the han dynasty covered with a layer of soft veil, belies its cruel nature. But the penalty system in the process of the implementation of the specific or certain social function. The implementation of the Charitable system for rulers won the reputation of a humane and generous, to alleviate social contradictions, to maintain national stability and social orthodox ethics has played a certain role in promoting. Han dynasty penalty practice for the later development of penalty system has played a cornerstone role. Prudential Punishment that contains the sympathizing with the aged and children, and forgiving Disabled Person, as well as moralized and emphasizing the spirit of enlightenment, which fully display the traditional Chinese legal culture, whose humanism spirit are pitying the young and the old, along with advocating merciful and pardon. Prudential Punishment also highlights the characteristics of the Chinese legal system civilization, and promotes the formation of the Chinese legal system and moral humanism characteristics.
Keywords/Search Tags:The han dynasty, Penalty, Commutation, Amnesty, Corporal punishment, The redemption punishment
PDF Full Text Request
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