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Chun Qiu Statute And Original Heart Convicted New Debate

Posted on:2014-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q M FangFull Text:PDF
GTID:2296330425478707Subject:History of the rule of law
Abstract/Summary:PDF Full Text Request
The legal system in China’s ancient stream long judicial system constructed forthousands of years in the Western Han Dynasty philosopher, Jinwen guru Dong Zhongshu’sSpring and Autumn Jue Yu as the traditional legal system, has had a profound impact onfuture generations even today. Spring and autumn prison is an important influence settle alawsuit the way, is an important ancient Chinese judicial system. Spring and autumn prison isthe legal Confucianization inevitable product during Chun Qiu Confucian ethics as mainlybased on the guiding ideology of the administration of justice for its purposes. The originalHeart convicted it applies for the difficult cases the unique guiding ideology, emphasizing theunity of the subjective and objective doctrine of judicial trial the way, to some extent, toachieve justice and fairness of the judicial. The original heart conviction appeared in thehistory of our country, not only reflect the value of the pursuit of Confucian scholars theceremony into law cited in the Han Dynasty period, a more direct expression of an enhancedlegal adjustment to get rid of the judicial predicament guidelines. The original heart of theSpring and Autumn Dynasty conviction, not just tradition and carry forward the focus onsophisticated behavior subjective vicious the budding legal tradition since ancient times had.Because it is rooted in the internal relations of law and morality, and to reflect the objectiverequirements of judicial activities, so although this practice has a strong moral evaluation ofcolor, it is still a major innovation and advancement of the ancient Chinese theory of criminallaw.First, by reason of the formation of the Spring and Autumn Dynasty to make in-depthelegant be explained and Spring and Autumn Dynasty survive in the world the value ofin-depth and detailed analysis to the significant impact of the system in legal history for thisstage of the The reference of the judicial system to provide theoretical support. Principles ofjustice during Chun Qiu also discussed in turn leads to an important content that is the heartof the original conviction. Secondly, in view of the present stage of the original heartconvicted less theoretical research, I specifically addressed the origin and meaning of theoriginal heart conviction. Convicted on the original heart of the positive and negative impactsof the introduction of the judicial system, explained further conviction on the original heart of this principle to conduct a more in-depth understanding of the system design can be seen thatthe reference to contemporary society. Again, two the original heart convicted judicial excusepoint in the bias of the original heart of the spring and autumn in prison convicted value andwant to integrate into its essential part in the modern judicial practice, making the rule of lawand the rule of virtue means of social regulation complement each other, which is building aharmonious society in the modern society the operating mechanism and the inevitablerequirement. Sort out through the conclusion of the contents of the full text and subject againto clarify himself as the main point of the article the author at times highlighted in article"Spring and Autumn Dynasty is important ancient principles of justice, the emphasis onsubjective motives of the conviction and sentencing of case, but because of excessiveIgnoring the objective aspect of its emphasis on subjective factors inevitably there are someunreasonable, therefore, we should look at it dialectically.
Keywords/Search Tags:Chun Qiu statute, combined with legalism, Dong Zhongshu, theoriginal heart conviction
PDF Full Text Request
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