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On The Influence Of Buddhism On The Legal System Of The Tang Dynasty

Posted on:2018-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ShiFull Text:PDF
GTID:2346330515484312Subject:Legal history
Abstract/Summary:
Buddhism in the sixth century BC in India to produce,from the Eastern Han Dynasty introduced to China,there are a variety of its relationship with the government,many of the Buddhist ruler regarded as a powerful tool to the development of society in the process of continuous development of Buddhism in order Confucianism as the representative of the traditional Chinese culture has experienced many integration and conflict,the interaction between government and Buddhism embodies the relationship between law and Buddhism.The famous scholar Jiang Chuanguang in his "ancient Chinese religious and legal relationship between the preliminary study",a text that there is a close relationship between law and religion,the public view that religion and the formation of China’s legal system is not necessarily related to foreign scholars have The study concluded that such conclusions were drawn.There is also a one-sided view that ancient Chinese law is defined as a secular moral law,which contrasts sharply with the religious character of Western law.Obviously,this is not a comprehensive,objective reflection of the ancient legal system and the real relationship between religion.The author from a lot of famous scholars in the paper found a lot of clues to explain the Buddhist system of the Tang Dynasty has a certain influence.On the one hand,the attraction of the Buddhist culture to the ruling class makes the development of the traditional legal system influence and changes the judicial mode of thinking in the judicial process changes;However,the underlying people,the spread of Buddhist thought must affect many social Customs to resolve the means of dispute the judicial process and the general public on the judicial and judicial process attitude changes.These are at the legislative level,which embodies the special provisions of Buddhism at the legal level and the provisions of Buddhism as the source in the common law.The judicial level is mainly embodied in the judicial personnel’s view of karma,the view of hell in the judicial process use.On the other hand,the ruling class uses the function of Buddhism to stabilize society to reduce its negative influence with the traditional social ritual contradiction.This paper mainly studies the influence of Buddhism on the legal system of the Tang Dynasty from three aspects:The first part studies the influence of Buddhism on the Tang Dynasty.According to the author’s long study,found that Buddhism in the ten evil,forbidden and other laws of the Tang Dynasty had a profound impact,so that there will be a lot of law in the Buddhist professional terms.This paper analyzes the influence of Buddhist language on the laws of the Tang Dynasty from the meanings of "ten evil","broken fishing" and "fifteen days" in Buddhism and Tang law.The second part studies the influence of Buddhism on the judicial practice of the Tang Dynasty,mainly from Wu Zetian as the center.This paper discusses the relationship between Wu Zetian and Buddhism,the relationship between amnesty and Buddhism in Wu Zetian period,and the influence of hell’s idea on the judicial practice of Wu Zetian.From these three aspects,the influence of Buddhism on the judicial practice in the Tang Dynasty was analyzed.The third part focuses on the influence of Buddhism on the legal concept of the Tang Dynasty.This paper studies the influence of Buddhism on the legal concept of the Tang dynasty from three aspects:the concept of Buddhism in the Tang Dynasty,the concept of justice and the concept of law-abiding.By analyzing the influence of Buddhism on the rulers of the Tang Dynasty,the judiciary and the people,the author demonstrates the influence of Buddhism on the concept of the Tang Dynasty.Buddhism in the Sui and Tang dynasties has reached its peak,it is bound to the Tang Dynasty legal system at that time have a deeper impact.Throughout the study of the relationship between Buddhism and law,the author finds that there is little research on the Buddhist legal system,only a few scholars study,this area is still a huge research space,the author from the most prosperous period of Buddhism in the Tang Dynasty To explore the influence of Buddhism on the legal system of the Tang Dynasty.
Keywords/Search Tags:buddhism, Tang Dynasty legal system, judicial practice, Tang Dynasty law, legal concept
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