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The Study Of The Rule Of Law In The "Golden Book Of The Ming Dynasty"

Posted on:2019-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:D L ShiFull Text:PDF
GTID:2356330542482046Subject:Legal history
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Many jurists in ancient China have repeatedly emphasized that "if we want to manage our country very well,we must manage the officers firstly" and "the safety of the people's livelihood is all caused by the bright and turbidity of the government." Thus it can be seen that "If the government is not bright,the society will be very turbid," and official management is related to the rise and fall of the country and the long-term stability of society.With the emergence of a series of influencing factors such as the rise of Neo-Confucianism,the development of the people's culture,and the prosperity of the commodity economy,the Song Dynasty has produced a large number of outstanding literati and the consciousness of the intellectuals has been unprecedentedly awakened.They entered the country's bureaucratic system through the imperial examination system,the recommendation system,and the shade supplement system,which prompted the bureaucracy in the Song Dynasty to become increasingly large.In response to this reality,the government of the Song Dynasty formulated detailed and strict laws to standardize and administrate the officers in order to achieve clean and honest administration and ensure long-term stability of the country."The Collection of Honest and Clean Court Verdict Made by Famous Judges of Ancient China" has included a lot of cases relating to official management.The cases reflected the state of social official management truly in the Southern Song Dynasty.Firstly,based on these cases,this article analyzes them and classifies them into four parts such as dereliction crimes,economic crimes,judicial crimes and military crimes.Secondly,I analysis the treatment method in the litigation of famous judges of the Southern Song Dynasty reflected by these cases in-depth,such as the using of evidence and the using of sentiment and law Synthetically.Then,I will overall analysis the official management and summarize the features in this book,such as treating the mediocre and lazy,focusing on pragmatism;conniving official management and educating people firstly;analysis of the case and the evidence is the most important;using the law as standard and using of sentiment and law Synthetically.Finally,in light of the ongoing socialist modernization of the rule of law in contemporary Chinese society and the construction of clean government after the 18 th National Congress of the People's Republic of China,I will analyze the enlightenment of "the Collection of Honest and Clean Court Verdict made by Ancient China" on contemporary China.In the process of conducting official management,we must remember that it is necessary to establish a correct legal concept,strengthen the education of "official ethics",establish a complete security system and so on.
Keywords/Search Tags:Song Dynasty, "the Collection of Honest and Clean Court Verdict Made by Famous Judges of Ancient China", official management
PDF Full Text Request
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