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On The Legal Culture Of Prison Temple

Posted on:2020-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:S S ZhuFull Text:PDF
GTID:2416330572493442Subject:Legal history
Abstract/Summary:PDF Full Text Request
In this system,there are a lot of comments on Zhi Yan Zhai(hereinafter referred to as Zhi Ban)in "A Dream of Red Mansions",and the word "prison temple" is frequently used in a lot of Zhi Ban.In fact,the prison temple not only appeared in A Dream of Red Mansions,but also scattered in ancient books.It has a long history and is an important part of Chinese traditional legal culture,especially prison culture.It is not uncommon in traditional books,literati notes and opera novels,but it has not attracted the attention of Fangjia.Yu Pingbo first studied the fatigue criticism of the prison temple before he started his career in 1922.He only sketched out the circumstances of Baoyu's imprisonment,let alone the research.Wu Shichang is the one who has made a long-standing argument since the 1980 s.There is no consensus on the controversial issues,such as the time of production,the process of rheology,the nature and function,or the lack of discussion or one-sided discussion.The most heated debate about the temple of prison in the 1980 s was the history of supporting Wu Shichang's prison theory and opposing Wu's theory.Later,due to the discovery of few new materials,it was just a continuous change of perspective and re-interpretation of materials in methodology.Up to now,no one has studied this issue in a legal paradigm or historical way.The purpose of this paper is to borrow the research height that has been reached in the academic circles,and to explore the secret corners of the traditional legal system by combing official official history,literati notes and sporadic records in opera and fiction,and to reveal its veil and its origin,which is the name it has assumed in the legal culture for thousands of years.The main body of this paper is from the logical structure of the exterior to the interior,respectively,from the perspective of genetics,prison justice and traditional politics to enter the prison temple.In the first part,the author demonstrates that the birth time of prison temple can only be the Eastern Han Dynasty from the perspective of Buddhism introduction.Then,by combing the mainstream changes of prison gods: Potato,Xiao He and Ya Yi,the author reveals that the three are not substituting relations,but increasing one by one,and further explores the cultural connotation of traditional Chinese law embodied therein.The second part first explores its nature and function: the prison temple is not a prison,but a place within the prison or not far from the prison where prisoners,prisoners andfamily members visit prison,which can supplement and improve the prison functions;and then further analyses that the three prison gods are the Trinity gods of prisoners,industry gods,prisoners' protection gods and judicial prison gods,and are the psychology of judicial personnel,prisoners and prisoners.And cultural communication channels can also alleviate the contradictions among the three,which is a unique product of the traditional Chinese judicial system.The third part guides the keynote of the article to the legal culture.On the basis of the demonstration in the first and second parts,the reasons for the existence of prison temples,their advantages and disadvantages,as well as the reflection of traditional Chinese social law culture,are explored from the perspective of the political system shortcomings and judicial system corruption in the late period of Chinese imperialism.
Keywords/Search Tags:Prison Temple, Three duties of one God, Judicial abuse, Maintain regime
PDF Full Text Request
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