Font Size: a A A

The Legal Thought Of Gongyang Principles

Posted on:2015-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2296330467966341Subject:History of the rule of law
Abstract/Summary:PDF Full Text Request
Where the spring and autumn annals is different from other books is that it has thecharacteristics of "Judge", that is, the spring and autumn annals is the model to determine the"right or wrong"while after the spring and autumn annals "Judge" there have such as "big","fall","unique" and so on a series of reward measures, it can be preliminary evidence to prove thatthe spring and autumn annals for a method of law.And the spring and autumn annals contains a lot of "the ritual", making the spring andautumn annals in "the ritual","law" irrespective of Confucianism, especially RAMS,lookshas formed the law.Since the spring and autumn annals is Jesus Christ, and it must forms of expression ofthe method.Be clear at a glance, the spring and autumn annals of legislation in"righteousness", and "righteousness" between before and after through sequential, and holdsthe legal means.And so, because of the spring and autumn annals ‘s legal thought principleand flexibility to frame system.Then making the spring and autumn annals uncomfortablelyshows its unique legal thought, this is the only one..Now faced with such a proposed law, wemust start with the most fundamental architecture system, in order to get the point.Fortunately"ram in the spring and autumn" of this structure system is very clear, namely "principle", theopposition between "flexibility", blending.However, here the "principle", the concept of"flexibility" is by no means is illusory, but actually fall on the rules of the law or precedent,and nothing to do with this law are not all can be called the principle and flexibility of thislaw.At the same time, the principle and flexibility system, there are two different internal andexternal dimensions, which makes the ram in the spring and autumn in dealing with their ownrules or internal relationship between the "righteousness", on the external relations of it to thecase facts, can put aside the principle and flexibility to control system.So we can say so, theideas of principle and flexibility system dominate the "ram in the spring and autumn" on thewhole content of the law.After we made all of the analysis, and even other people do the similar research, in the future it must certainly fall within the system.The principle and flexibility are not whether content, can be stopped in this seems to bemade known through empty, and because there is a good deal of cases in the spring andautumn annals written, so the total to pay in the most critical "righteousness" in order to becomplete.As for the "unification" and "iii", and "three systems", they were with more subtle,but can leave aside.Known as the spring and autumn annals, which is based on the spring and autumn periodand the history, it’s the most critical case fact, also namely "gone".Legal thought about "ram" in front of the paper is almost on the basis of thecomprehensive identification, so you need to summarize the ram in the spring and autumn theeffects of the legal thought and the enlightenment of future generations.Identity itself cannot make up for defects, however,"the ram in the spring and autumn"strong value system caused by the reason of hollowing out, and the principle and flexibilitysystem jointly produced by judge and judge the relative strength of serious imbalance,constitutes the "ram in the spring and autumn" serious defects of legal thought, has becomethe "ram" for thousands of years, even decades after major reason for this phenomenon intheory.Described above and, in turn, deducing, the ram in the spring and autumn’s legalthoughts had a clear outline, at this point is caught in general.In this paper, there has a total of four parts: the view of law for the later legislation;"Ram in the spring and autumn" methodology of legal thought;"The ram in the spring andautumn" at the core of the legal concept "dial the troubled times, against the Kings are";Reviewing on the ram in the spring and autumn "legal thoughts.The first part, the spring and autumn annals for Ram at the method of the concept, andthen expounds the law to resign "than" to the facts, and had to for performance reasons.The second part illustrates the ram spring and autumn annals of this legal thoughtprinciple and flexibility system establishment and its inside and outside two dimensions onthe basis of the status of the running. The third part, set out to determine the righteousness of the ram in the spring and autumnthe most critical case to clarify the ram in the spring and autumn at the core of legal concepts,and between was analyzed, and pointed out that "ram in the spring and autumn" is legalsolutions to these questions, and the reason is so.The fourth part, summarize the ram in the spring and autumn, beneficial part of legalthought, and jump out of the category of Confucianism to the ram in the spring and autumnlegal thoughts to express strong values as the breakthrough, reveal the ram in the spring andautumn fatal flaw of case law thought.
Keywords/Search Tags:<, GongyangPrinciples>, , Principleforgenerations, compositionforrecording, Latitude, Evaluation, Setting Things Back
PDF Full Text Request
Related items