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Research On The "Shaanxi School Of Law"

Posted on:2015-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y N ZhaoFull Text:PDF
GTID:2296330431953298Subject:Legal history
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The "Shaanxi School of Law" was formed during the Tongzhi and Guangxu period of the Qing dynasty, and it was one of the schools of the Ministry of Punishments in feudal China. Its principle members are Xue Yunsheng, the originator; Zhao Shuqiao, the cadreman; Ji Tongjun, the rear guard; and famous jurists such as Shen Jiaben, Dong Kang, Xu Shiying and so on. They have been punishment officers for many years, and got outstanding achievements in the study of laws; they showed extraordinary professional ability and excellent legal attainment in juridical practice, and professional spirit such as practical, fair, honesty and integrity. The scholars of the "Shaanxi School of Law" are all prolific, their magnum opus are Xue Yunsheng’s Collaboration of Laws in the Tang and Ming Dynasty and Queries in Cases Studies; Zhao Shuqiao’s book on penology, Instructions on the Work of Chief Wardenand Ji Tongjun’s Teaching Materials of the Laws of Qing Dynasty. They lucubrated the traditional and ancient laws of China, analyzed the statutes of all previous dynasties in-depth, clarified their originsand evolution, all the way thinking and researching, thus finally formed their unique thoughts about laws. They had not only studied laws, but also discussed juridical practice. Moreover, they paid close attention to the advanced legal thoughts of the West, explored and thought what China could reference from the western laws. After years of research and writing, the scholars of the "Shaanxi School of Law"discussed and summarized the traditional legal system and culturecomprehensively and in-detailed, achieved high level of achievement in the science of law, and occupied vital position in the history of law. Their academic achievements are no doubt to be regarded asa treasure house, which would allow the later generations of law researchers to have a general view on the history of traditional Chinese laws, and this is of great significanceonChina law studies. Majority members of the "Shaanxi School of Law"advocated legal reforms, and played huge roles in the lawamendingoflate Qing Dynasty. The originator Xue Yunsheng put forward the thought of law amending firstly, and became the precursor. His Queries in Cases Studieswas called the excellent model of law amending. Ji Tongjun and the others participated in and promotedthe legal amending directly, and Shen Jiaben, as a leading character, madeprominent effect which could not be ignored.The "Shaanxi School of Law" is not just an organization of jurists, but also feudal bureaucrats, so the ultimate purpose of their laws amending thoughts was to preserve the domination of the feudal dynasty. They would never give up their respect and insistence on the basic ethics of feudalism. The law amending awareness and thoughts of the "Shaanxi School of Law"was complied with the society development of China at that time. It was advanced, and made extraordinary contribution in promoting China’s legal modernization. Many of their ideas on laws are also meaningful to be referenced in the legal system construction, change of legal system, and legal education of our time.
Keywords/Search Tags:Shaanxi School of Law, Xue Yunsheng, Zhao Shuqiao, Shen Jiaben, JiTongjun, LawAmending of late Qing Dynasty
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