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A Study On The Court Verdict Of Gong’an Stories In The Ming Dynasty

Posted on:2017-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q M WangFull Text:PDF
GTID:2295330485462881Subject:Legal history
Abstract/Summary:PDF Full Text Request
China has a long history and profound culture of law.The court verdict is an important component part of the legal culture in ancient China.It not only records the ancient judicial activities in writing,but also reflects the ancient legal system, the people’s legal consciousness and many other social outlook.It also shows the operation of the mutual relationship among law,ethics, rules of ancient time and customs.The court verdicts in Gong’an Stories are detail for each specific case.Some court verdicts showed strict accordance with the law,or according to the specific circumstances of the case appropriately changed the law to settle a case,or used the custom in society to settle the case.These court verdict shows a reasonable use to the law of Judicial Officials.So that each case can be solved well by the “Legal”,the“Affection” and the “Reason”.Ancient Chinese literary works are a kind ofrich historical materials.Gong’an stories in the Ming Dynasty are rich in showing a judicial cultureappearance of the Ming Dynasty, because the court verdicts in Gong’an stories is the essence of judicial culture.It shows vividly a macroscopic appearance of civil judicial notice, the official judicial philosophy and justice.This article will discuss from the Gong’an Stories in the Ming Dynasty,the management of the judicial system and the value of the Gong’an Stories.At first, this article in start will discuss the basic information of the Gong’an Stories in the Ming Dynasty, and then introduce the Ming Dynasty,which is the peak period of Gong’an Stories.Then,this article will introduce the concept of the ancient court verdict, the basic classification and in the distribution of Gong’an Stories.Secondly, this article will analyze the court verdicts of the Gong’an stories in the Ming Dynasty and explain the contents of the court verdict,which is the important discussion of this article.Morever,this article will do a comparative study of the court verdict of Gong’an Stories in the Ming Dynasty, which is another important part of this article.The court verdict of Gong’an Stories will compare with the conventional court verdict in the Ming Dynasty and find the difference between them and the reason.Forevermore,this article try to explore the relationship between the court verdict of Gong’an Stories in the Ming Dynasty and the law of the Ming Dynasty.Taking the no litigation activities in pursuit of harmony with the attitude of law enforcement as a starting point,this article will make a a detailed analysis how the court verdict in the Gong’an Stories reflect the officials using law taking coordination with human ethics in the three dimensions of the “fairness”,the “reason” and the“law”.Finally, this part will explain the mode of settling a lawsuit of Gong’an Stories and why the God appeared in the court verdict in Gong’an Stories in the Ming Dynasty.At last,this part will summarize the court verdict of the Gong’an tories in the Ming Dynasty on the whole.This part will explore the value of the court verdict which the Gong’an Stories want to tell from many angles such as the benevolent judicialenvironment,full of corruption and lack of effective judicial supervision.With the development of the times and the cultural changes,the Gong’an Stories in the Ming dynasty gradually declined.The differentiation and decline of the Gong’an Stories in the Ming Dynasty is a big tragedy in the history of the family of the novel in the ancient China.But the court verdict of Gong’an Stories left people intriguing culture of the law,and it has become a new field of the research for the history of law.
Keywords/Search Tags:Gong’an Story, Court Verdict, Culture of Law, Honest and upright Officials
PDF Full Text Request
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