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The Research Of Qing Dynasty's Xingbu Officer Of Law Source In Judicial Process

Posted on:2018-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:L H Y ZhangFull Text:PDF
GTID:2336330512495435Subject:Legal history
Abstract/Summary:PDF Full Text Request
In Qing dynasty's Xingbu officer of judicial process,Great Qing Legal Code is very important basis and guidelines definitely.Obviously,in traditional society of China,it also needs the factor of non-legal which stems from Confucian ethics and values--emotion and reason.In Qing dynasty,xingbu officers make the cases emotional and reasonable,realizing emotion and legal balanced,which is the ultimate purpose and the main melody in the whole judicial process.In my article,I select over thirty cases from Conspectus of Penal Cases and analyze them with which have law or non-law.It can clarify that emotional,reasonable and law are not contradictory in judicial process of Qing dynasty.Not a single one can be omitted They develop an integration and unity logic system from way of thinking and sentence expression.This live up to the culture value system of Chinese traditional society.Meanwhile,it also prove the mind of "harmonious no siut" in Chinese traditional society.
Keywords/Search Tags:Qing Dynasty, Conspectus of Penal Cases, Law Source, Emotion and Reason
PDF Full Text Request
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