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Judging From The Judicial Contribution Of Shaanxi School Of Law In The Late Qing Dynasty

Posted on:2018-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:B T WangFull Text:PDF
GTID:2356330518998152Subject:Legal history
Abstract/Summary:PDF Full Text Request
the "Shaanxi School of Jurisprudence" is a master of law in the Qing Dynasty,is also the last brilliant China traditional jurisprudence,which not only with concise temperament and unique views of academic achievement is famous in the world,but also effectively promote the judicial civilization,especially the judicial justice.In this paper,through the study of historical materials,textual and historical methods to confirm each other,was caused by the central judicial organ of debate"kill brother case "as the research sample,using the traditional choice of law legal theory analysis of" kill brother case "and the use of the process,methods and ideas to highlight the history and conclusion,to Shaanxi two diary by Ji Tongjun and Shen Jiaben,published in law and relevant historical documents and law as the basic historical data.Review of the supreme judicial departments and the Supreme Court in the late Qing Dynasty,why around the case of conviction and sentencing and the application of the law and the fight against the controversial focus of the analysis and summary of the case,the careful comparison of the judicial organs and the central Shaanxi law scholar Ji Tongjun,Shen Jiaben two people on the specific idea of handling difficult cases,Presentation of "Shaanxi temperament" in the case of judicial trial contribution,while showing background of the case,to amend the law,focused on the trial level of all sorts of mystery.The first part discusses the "kill brother case" the facts of the case.The first part discusses the facts of the case of killing brother.On the basis of detailed reduction case,three key problems of the case are discussed.The second part discusses the supreme judicial departments and the Supreme Court,with the death penalty review process on the condition of brother case judicial game,focus on the analysis of the supreme judicial departments and the Supreme Court,in the case of the legal basis for the reasons for selection,argumentation skills and fundamental differences.The third part discusses the legislative branch,Shen Jiaben and Ji Tongjun,in the supreme judicial department and the Supreme Court Opinion conflict,how to comment on their opinions,judgment and choice of legal basis.Especially the Shaanxi legal scholars,Jitong Jun and Shen Jiaben,how to analyze and solve problems with traditional wisdom at the time of trial.The fourth part discusses the case reflected,"Shaanxi School of Jurisprudence "in five aspects of the judicial wisdom.The fifth part discusses the hidden secrets of the case in the trial process.
Keywords/Search Tags:Shaanxi School of jurisprudence in the late Qing Dynasty, the Qing judicial, current criminal law, Ji Tongjun, Shen Jiaben
PDF Full Text Request
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