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The Research On The Layers' Litigation Culture In Ancient China

Posted on:2018-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:D ShangFull Text:PDF
GTID:2346330518998348Subject:Legal theory
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In today's rapid economic development,the legal consciousness of people becomes stronger and stronger,so the lawyer arouse an unprecedented attention,so the suit mongers cultural recognition is imperative.In China's long history of suit mongers is actually a microcosm of the development of Chinese lawyers,in Chinese ancient legal affairs,on the one hand,suit mongers is under the drive of money as a "pick word litigation" role,on the other hand,some suit mongers with excellent eloquence fight for the rights of people can get the respect of the world.So suit mongers in legal history of China is a double-edged sword,it has a very high research significance.This paper will study on the basic definition of suit mongers,and summarizes the existing culture encourages the foundation,and its social foundation,thus it is concluded that the ancient culture of suit mongers redeeming feature,combined with the current legal work summarizes the significance of its existence,this is the general context of this article.First of all,this article explicitly encourages the meaning of existence,the first section in the first chapter discusses the origin and development of suit mongers,found that suit mongers is using its own cultural knowledge and skills to help agents to handle disputes,it's like the lawyer,and he appears the earliest can be traced back to the spring and autumn period time,the second section for review of suit mongers origins,through the study found that encourages cultural prosperity and social development have a close relationship,because most of suit mongers practitioners from the political career of the crowd,the last section of this chapter is discussed the social status of suit mongers,came here to suit mongers culture different views,some think suit mongers are defenders of the social order,while others think that they are the scum of the society,this view is changing along with the development of the time,in the process of this development,encourages culture has its own reflection and progress,therefore,has its own unique form of legal work,thus beginning in this paper.This article started to explore encourages cultural value orientation and the existence of the foundation,in the second chapter of the culture of suit mongers litigation,litigation,evidence and litigation art were analyzed,and the litigation view from three angles of suit mongers analysis,respectively is the official \ "no litigation\",and the people of the "fear of litigation" and "reason" of,causes of this phenomenon,on the one hand,because the three different of interests,on the other hand because of the influence of social environment,this affects the suit mongers means more diverse,they have many litigation skills,the use of these techniques are formed a special kind of art,in chapter three,after the article emphatically analyzes the value orientation of suit mongers,some people feel justice,the pursuit of truth dares to face up to kingship,while others are completely desires for the benefit of their livelihood from it to gossip,and in the process of suit mongers survival,naturally formed a unique culture,some of them tend to?harmony?and some are ?litigiosity?,the reasons for this situation is also varied,worthy of our contemporary fastidious.Finally,this article will towards cultural sense of today's fastidious,of suit mongers in the fourth chapter discusses the economic,cultural,political,patriarchal basis,found in economy and politics is the basic condition of suit mongers culture appear,and culture and the patriarchal clan is the catalyst of cultural development of suit mongers.Through the predecessors' research,summarizes encourages cultural influence on the present,and based on the research to think about the content of the present development of suit mongers culture,in the fifth chapter of suit mongers culture significance and analyzes the influence of the modern society.The key is to present scholars towards the existing research,summarized and understanding,from the Angle of the objective analysis on the history of suit mongers.That encourages culture for today's lawyer has a great reference significance to the development of industry,on the one hand,absorb excellent skill of suit mongers culture are available,and on the other hand can suit mongers cultural deficiencies found the defects of their own development.
Keywords/Search Tags:In ancient China, encourages, Litigation culture
PDF Full Text Request
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