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The Basic Character Of Chinese Traditional Judicial Culture

Posted on:2016-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:J XiaoFull Text:PDF
GTID:2296330479997104Subject:Legal history
Abstract/Summary:PDF Full Text Request
In recent years, judicial reform has become a commonly focused topic of academia, scholars are considering and exploring how to draw reasonable content from local resources to build and improve the socialist legal system. The author believes that relying solely on the transformation of the institutional level is not enough, at best, can only reach a palliative effect. Development and implementation of any system is at a certain ideological guidance, so that only the fundamental ideas and culture from up to solve the problem is the best choice. In the traditional Chinese legal culture, judicial culture can be said to have been occupied the central position. Therefore, the essence of it has great contribution to the contemporary judicial reform.This article is based on the book " The Complement of Zhe Yu Gui Jian ", and manifests the basic characters of Chinese traditional judicial culture through analyzing and generalizing the 719 cases recorded in the book. The paper mainly thesis five basic characters of Chinese traditional judicial culture: the ethical doctrine, the harmonious doctrine, the humanism, the mysticism, totalitarianism. We are able to deeply felt Chinese ancient wisdom in the field of justice. Although some of the systems and principles are unscientific, the reasonable part is worth learning.In short, as the ancient saying goes, "With history as a mirror, we can rise and fall". Therefore, with the conducting of judicial reform, we should inherit the domestic historical heritage of law critically for the contemporary society. The author is trying to provide historical experience for the socialist legal system through the research of Chinese traditional justice culture.
Keywords/Search Tags:" The Complement of Zhe Yu Gui Jian ", ethical, harmony, people-oriented, mysterious, all-around
PDF Full Text Request
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