Textual Research Of “Direct Action”

The concept is the form of thinking to reflect the nature of things,and abstract our ideas or things that we want to express.The so-called"direct action"was established by the people through long social practice,and it is use to express the abstraction of the beating dengwen drum(????),intercepting the emperor(???)and sending up a memorial(??)."Direct action"has a certain historical inheritance,its existence in the existence of Chinese legal system has a profound historical and cultural foundation.From the horizontal comparison point of view,East Asian countries not only inherited,but also changed the ancient Chinese"direct action"system.Some study shows that although"direct action"has not existed with the disintegration of Chinese legal system as a kind of litigation system,it still has a great influence on the contemporary China.Since the Republic of China,different scholars have made detailed studies of the"direct action"from various angles,the historical perspective and theoretical framework of the concept have received little attention.We always ignored the inherent logic of it,since the modern understanding of many is the trial level system from a Western perspective.The evolution of the“direct action”system is not only closely related to the evolution of ancient Chinese judicial system,but also closely related to the evolution of the ancient political structure and ideological culture.Therefore,it is of great significance to pay attention to and study the structure of the system and its influence.This paper is divided into three parts,namely introduction,the body and conclusion.The body is divided into four chapters,the main points are as follows:The introduction mainly analyzes the purpose and significance of this study,the status quo of the study and the research methods,and then launches the research questions and the research ideas and methods.In the first chapter of this article,in order to accurately grasp the connotation of it,the author discusses the meaning of " direct action ".First,to examine the meaning of the words in ancient Chinese,and we found the word fairly differs from the connotation defined by legal history scholars.Secondly,Japan,belonging to the Chinese-character cultural circle,has the word,and the Japanese word has a special law meaning.Japanese scholars early use the word to study the dengwen drum etc..Finally,analysing evolution of the concept of direct action from the Republic of China,we will find many scholars already study the so-called " direct action" system,but not systematic.Chen Guyuan,who reference the book wrote by Japanese scholar Higashikawa Tokuji exposition,establish the basic framework of current research.At this time,the Japanese scholars,studying the history of Chinese legal system,firstly use the vocabulary of "direct action",and then the word has been recognized by Chinese scholars.In the second chapter of this article,in order to accurately grasp the legal connotation of the"direct action"system in the academic circles,the author analyzes the general law of each generation in the substantive law.First of all,analysing the inheritance and change of relative law of The Tang Code(??),The Criminal Law of Song Dynasty(???),The Ming Code(??)and The Qing Code(??).Secondly,discussing the specific legal provisions,we will find that these Provisions are special,and its special interests in violation of the law.In the third chapter,in order to better grasp the extension of "direct action",and to supplement the previous chapter,the author analyzes the form of "direct action",the acceptance mechanism and the expansion space in the procedural law.First of all,researching the numerous forms,we find that these forms are found to directly connect bureaucracy and commoner to the monarch in certain circumstances.Their development and implementation are relative to the imperial power.Secondly,discussing administration,we find that the so-called management institutions but also is affiliated to imperial power,the judiciary itself is not,and no right to handle the case,and once these structures have independent judicial power,new situation will be produced to replace the existing mechanism.Finally,checking the space of the "direct action",we find that the "direct action" is around the Imperial Palace,and they are located infront of palace gate."Direct action " should have the inherent system,but from the point of view of specific extension,we can find that its form,the accepting institution and the space are uncertain factors greatly,and they are closely related to the realization of the imperial power.The last chapter is conclusion of the study,As a term with a strong legal meaning of "direct action",it should be strictly limited in the field of justice.The rulers know out of congestion and disadvantages of conditions at the lower levels,only one of which is abuse of injustice.Therefore,this paper discusses the form of "direct action",and argues that these forms are essentially an extreme way of information transmission.The Emperor(King)hope to get understanding of conventional ways of social information,in order to make decisions based on the conditions at the lower levels;for the bureaucracy and commoner,the dengwen drum system is the last way to express their demands to the top decision-makers.Many restrictions on " direct action " reflects the dilemma in front of the rulers: if encourage the free airing of views,the complicated and confused information come in great numbers;if not,the information channel is not smooth.Therefore,when the rulers set up the "direct action",they often restrict it.And this kind of restriction is different in the different s period and different stages of the same period.