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On The Legal Confucianization In The Han Dynasty

Posted on:2019-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y L MaoFull Text:PDF
GTID:2416330566467084Subject:legal
Abstract/Summary:PDF Full Text Request
The law of ancient China has been deeply influenced by Confucianism since the beginning of the Han Dynasty.Because of the great changes in the political and economic structure of the society during the period of Emperor Wu Emperor of the Han Dynasty,the corresponding legal system has also undergone great changes.Confucianism became the guiding ideology of judicature and legislation at that time,and many of Confucian etiquette norms were incorporated into the law of that time.Since then,Confucianism has influenced the development of Chinese traditional law.This paper begins with the process of legal Confucianization in the Han Dynasty and analyzes the influence of Confucianism on the specific laws and regulations in various fields of the Han Dynasty.Finally,it summarizes the influence of Confucianism on the legal development of Chinese history after thousands of years.In the process of legal Confucianism in the Han Dynasty,the legal thoughts such as "virtue dominates punishment and auxiliary punishment","law comes out of the monarch" and "three programmatic and five regular" constitute the foundation of Chinese legal system.Although the Chinese legal system has disintegrated today,it has made great contributions in the history.It not only affected the ancient Chinese society,but also had an important impact on the legal construction of the neighboring countries,such as Japan,Korea and Vietnam in ancient times.The Xia Dynasty produced the initial law,and the development from the commercial dynasty to the Western Zhou Dynasty was gradually complete.During the Spring and Autumn period and the warring States period,the statutory law appeared and promulgated in various countries.The legal system also underwent great changes,and by the time of the Qin Dynasty,there had been a great change in the legal system.The rudimentary form of the Chinese legal system has been formed.The legal thought formed in the process of Confucianism in Han Dynasty has been followed by later generations.
Keywords/Search Tags:Legal Confucianization, The legal thought of the Confucianists, Confluence of etiquette and law
PDF Full Text Request
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