Font Size: a A A

A Study On The Criminal Testing Verdicts For Similar Cases In The Cream Of The Literary World

Posted on:2021-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ChenFull Text:PDF
GTID:2506306290971489Subject:Legal history
Abstract/Summary:PDF Full Text Request
The Cream of the Literary World contains some excellent judgments written by examinees in Tang's official-selected examinations.As the form of Testing Verdicts is parallel prose,examinees often pay attention to the finery of rhetoric in the process of answer the questions.Therefore,it is considered to be more literary and criticized by scholars of legal history for its weak legal rationality and uncertainty.But in fact,the criminal Testing Verdicts in The Cream of the Literary World not only have the characteristics of beautiful language,but also most of the Testing Verdicts are consistent with the provisions of the code and the result is deterministic.Therefore,from the perspective of law,it also has the significance of research.The main focus of this paper is to demonstrate whether the conclusion of Testing Verdicts has certainty and legality,and find out its corresponding legal basis,through a detailed analysis of each criminal Testing Verdicts for Similar Cases in The Cream of the Literary World.It can be divided into two different types according to the conclusion of judgment: " Similar Verdicts for Similar Cases " and " Different Verdicts for Similar Cases ".At the same time,it also reflects the determinacy of the Testing Verdicts.In addition to the code,there are "Reason" and "Propriety" two different ratio decidendi.On the basis of court judgment,combining with the analysis of judgment results of Testing Verdicts,it can be concluded whether these judgments have legitimacy.After analysis,it can be found that most of these criteria in The Cream of the Literary World are deterministic.In type "Similar Verdicts for Similar Cases ",the number of oppositions with different views is a very small proportion.This shows that the examinee have a general understanding of how these Testing Verdicts should be made.Question about the legality of the Testing Verdicts,most of the verdicts can be supported by relevant code provisions,except for a few of the judgments involving propriety.Even if the verdicts is not based on the code,the conclusion is consistent with the law,and code can be found to support it.After analyzing the factors leading verdicts to illegal,it can be found that even in today's society,these factors are difficult to avoid.Therefore,we can definitely say that the verdicts in The Cream of the Literary World is relatively determinate.To sort out and study the criminal verdicts in The Cream of the Literary World which are closely related to the law,It can be found that these verdicts are not only literary works of rhetoric,but also pay attention to the application and reasoning of law,and the result of the verdicts is definite and legal.This may give us a new understanding of Tang's Testing Verdicts,which is of great significance to re-examine and explore the jurisprudence contained therein.In addition,the study of these verdicts plays a certain role in understanding how judicial officials made judgments in judicial activities.
Keywords/Search Tags:Similar Verdicts for Similar Cases, Different Verdicts for Similar Cases, Deterministic, Dourt Judgment, Legitimacy
PDF Full Text Request
Related items