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Confucian’s Legal Theory And Legal Practice Of Western Han Dynasty

Posted on:2017-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2296330485966231Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The Confucianization of law is the process that Confucian theory of law combined with Social Control. This process approximately is that the Theorist square up past experience and actual situation,put forward creative theory so that the rulers recognize significance of the theory and the vast majority of Intellectual approve the theory. As a clue, this article is to illustrate the connotations and characteristic of the Confucianization of law by illustrate the process how theory of law combined with Social Control.Before emperor LiuChe dominate Confucian and dismiss other theories,in every field of the society,the Confucianization of law is already the same time, the process of Huang-Lao,Legalists combined with Confucian proceeds to a certain extent,the limit of different theories becomes more and more inconspicuous, Such as the theory put forward by YiJia and the theory put forward by Zhongshu Dong shows consistency to a certain extent.However,the Legalists is being equal to brutal via the theorist’create and lose market among mainstream.Huang-Lao also lose the possibility to become mainstream because of it’s Complacent standpoint.Central authority is becoming more and more powerful by the emperors generation after generation,at the same time,Feudal forces is fading.Unification Theory created by Zhongshu Dong arouse the emperor’interest.Also,Confucianization of the bureaucracy provide expedience for the Confucianization of law. All these factors determine the domination of Confucian theory.We can clearly grasp the the reason why Confucianization of law begins from Western Han Dynasty by the analysis above.We all know about the Confucians play a very important role in the process.Therefore,the last two parts are to illustrate the roles Confucians play in the process.The third part is to dissert the main theories of law put forward by the Confucians, Trinity of firmament,humane and law they created has a huge influences to Chinese legal history.In their theory,the law is created by somebody overhead,and has a full consideration about human nature,so Crime Prevention and Justice seasonal become an inevitable part of the theory.Additionally,they are involved in specific cases as the operator of interpretation of the law and apply of law.They revitalize ancient Legal principles by the way of quoting out of Annals’ contexts.However,what we must observe is the mode"Annals have no same" also brings the problem of random of justice and miscarriage of justice.
Keywords/Search Tags:Confucianization, Theory of law, Judicial Practice, adjudicate on the basis of Annals
PDF Full Text Request
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