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Research On The Local Judicial Practice Of Huanggan In The Middle Southern Song Dynasty

Posted on:2019-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChengFull Text:PDF
GTID:2405330545472415Subject:History of Ancient China
Abstract/Summary:PDF Full Text Request
Under the attention of the emperors of the Song Dynasty,the construction of the legal system was constantly improved,and the emperors have established a relatively complete legal system.The legal literacy of officials was also continuously improved under the improvement of the system.At that time,the private system and the commodity economy was also highly developed,they lead to more and more contradictions and disputes in the society.In order to mediate social conflicts and maintain social stability effectively,many officials have tried a lot in their judicial and legislative work.Huang Gan was one of them.He almost worked at the grassroots in his intire life.He knew the suffering of the people and what they care.Most of the lawsuits tried during his administration are also trying to protect the rights and interests of the people.Huang Gan's family rise in Henan province,he went south to the middle of Fujian province for safety During the Five Dynasties,and wnet to Min county after the era of chaosAlthough few people in his family worked for the government,he received an official position under the recommendation of Zhu Xi.He took the place of appointment in the election and served in Jiaxing Shimen,Xinfu,Linchuan,Hanyang County,and other places.During the period of his office,he reorganized the wine business,handled lawsuits,reduced labor obligations of citizens,repaired the infrastructure of city,took care of the security,reformed the outline transport,and took care of disaster relief,which put people's interests at the first place.He formed a viewpoint which always give special attention to livelihood issues after his working experience.Its legal literacy foundation came from three aspects:the tutor's teaching,the ruler's desire,and his working experience.with deep legal literacy,Huang Gan Struggled to safeguard the judicial justice when practicing his father's training in his career life.Huang Gan was studied by Zhu Xi.He is the descendant of Zhu Zixue.He has been reading the scriptures for a long time and has been deeply influenced by Confucianism.Therefore,we can see from the judgments written by Huang Gan when he was serving in the local government that there is a lot of righteousness and preaching.This shows that he attaches importance to the feelings of human beings.Advocating the family to live in harmony,reduce competition,and hope to change the unfilial and disrespectful customs.Although it will consider reason when adjudicating cases,it is more based on legal provisions in order to achieve the use of the law.In the process of judging the case,Huang Gan complied with all the principles from the actual point of view,achieved "law enforcement",performed his duties,and tried his best to safeguard the rights and interests of the people and safeguard judicial justice.At the same time,during the trial of the case,he also attached importance to the role of evidence.He was not afraid of strength,he was not afraid of power,he carefully collected,discerned,used flexibly,and restored the truth.Huang Gan's law enforcement practice had a positive effect on the maintenance of social stability and harmony under the complicated social environment at that time,and protected the rights and interests of the people to a certain extent and within a certain range,but there were also shortcomings in the law enforcement process.Huang Gan has always been active in law enforcement,implementing the concepts and principles of seeking truth and pragmatism,objective and fair,attaching importance to the role of evidence in cases,and assuming the responsibility of safeguarding local judicial justice.These practices have also promoted the continuous improvement of the evidence system to a certain extent.
Keywords/Search Tags:Huang Gan, Southern Song Dynasty, Local, Judicial practice
PDF Full Text Request
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