The Study Of The Evolution Of "li Feng Ba Zi" Theory In The Ming And Qing Dynasties

Generally,the law only through the interpretation to be applicable,the Chinese traditional law code attached great importance to standardize the legal interpretation of vocabulary and accurate use of the Ming and Qing Dynasties law code and legality theory,not only inherited the main achievements of codification technology development since the Tang Dynasty,and in the legal vocabulary has many aspects of development of normative interpretation.But because the legal system disorders and law research from the perspective of limitations,such as"Li Feng Ba Zi"(例分八字),so-called"Eight key words in the law code",the fruits of such embarrassing situation of legality theory,On the one hand,starting with words from the law code analysis techniques,read law,word meaning law has been deeply rooted among the solution method;on the other hand,law and code system form and essence of the contradiction is obvious,the function of"Li Feng Ba Zi"(例分八字)is weakening."Li Feng Ba Zi"(例分八字)development origins can be roughly divided into two phases.Sui,Tang,Song and Yuan Dynasties are"Li Feng Ba Zi"(例分八字)production and development stage.Song and Yuan law researchers discovered of the"Li Feng Ba Zi"(例分八字).Ming and Qing Dynasties are"Li Feng Ba Zi"(例分八字)heyday and decline stage.During this period,"Li Feng Ba Zi"(例分八字)has become part of the official interpretation of the legislation.Ming and researchers pay more attention to solve"Li Feng Ba Zi"(例分八字)theory matches circumspect in statutes system problems."Yi"(以)and"Zhun"(准)can Chancery crime in the criminal Code.Ming and Qing Dynasties of the"Yi"(以)and"Zhun"(准)does not change the meaning of the word than the Song and Yuan Dynasties.But in judicial practice,citing rules analogy"Yi"(以)and"Zhun"(准)represent the Ming and Qing Dynasties,but legislative,judicial,or even incompatible legal concepts."Jie"(皆)breaking the law to use the word boundaries article explained.Increased the number of"Jie"(皆)is used."Ge"(各)functional role richer.On the one hand,the expression of legislative intent crime distinguish the difference;On the other hand,by the provisions of"Ge"(各)make law bars simple."Qi"(其)and"Ruo"(若)should be the shape of the miraculous,is to undertake the wording of the law,usually cannot be used interchangeably.Legislation to expand the Ming Dynasty"Ji"(即)word usage examples,with"Ji"(即)word examples create a set of rules similar to the legal presumption."Ji"(及)used to connect the front and back matter,leads to the same legal consequences.Ming Dynasty legal researchers for the"Li Feng Ba Zi"(例分八字)theory and practice exist in"compatibility"issue,the"Li Feng Ba Zi"(例分八字)theory to develop in depth.This article discusses the"Li Feng Ba Zi"(例分八字)issue from two aspects.On the one hand,discusses the contradictions Ming and Qing Dynasties"Li Feng Ba Zi"(例分八字)between the theory and the law of the Code System;On the other hand,researchers discussed the attempt to resolve the conflict.This reflects the unique perspective and wisdom of traditional legal research methods,and also reveals the limitations of traditional legal theory,perspective and method level.