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The Applicable Law Research On The Judicial Document Of The Fu Weng Collection

Posted on:2018-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:X W RuFull Text:PDF
GTID:2336330515452389Subject:legal
Abstract/Summary:PDF Full Text Request
This paper,taking the judicial documents the Fu Weng Collection as the main contents of the study and through the systematic classification,statistics and analysis of the the real history collection of the judicial cases,interpreted the way of a trial as well as judgment basis and explained the application of law in the case.Furthermore,it reveals the different applications of law and reasons in the process and results of the judicial trials.This paper mainly includes three parts:the first part is a brief overview and introduction to the judicial documents of the Fu Weng collection.This part explains the historical value and significance of the research on the judicial documents of the Fu Weng collection through the understanding of the main contents of the historical data.The second part is the statistics of the case classification.It uses the method of statistical analysis to classify criminal cases as well as civil cases,and focuses on the trial process,the basis of judgment and evidence of the case,etc.The third part mainly analyzes and studies the application of the law of the judicial interpretation of the Fu Weng collection.It mainly includes two aspects:one is the analysis of the application of law in criminal cases and the basis of ruling in civil cases,and the other is the application of law and reason in judicial trials.What's more,this paper summarizes the basic principles of the application of the law of the judicial interpretation in accordance with the Fu Weng collection.Firstly,it is the principle that the criminal cases are basically in strict accordance with the provisions of the law for trial and judgment,which also contains some reasonable use.Secondly,most of the civil cases are decided by reason.However,it is not a reflection of the Kadi Justice,but a discretion under legal compliance,and it's more conducive to the realization of substantive justice.Finally,I hope this paper can provide some useful help to the study of the application of law in the Qing Dynasty.
Keywords/Search Tags:judicial trial, reason, the application of the law, ruling
PDF Full Text Request
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