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On The Thought Of The Public Security In The Traditional Chinese Society: A Survey Of Prevention And Control Of "Dao Zei" Crime

Posted on:2013-01-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:R S WangFull Text:PDF
GTID:1116330374474353Subject:Legal History
Abstract/Summary:PDF Full Text Request
In traditional Chinese society, The concern for social stability rankshigh on the agenda of the emperors, so the history of traditional Chinesesociety can be called a "security" history.Thought is the rationalknowledge, the thought of the public security is also a rational knowledgewhich includes the essence of public security, the realization of security,the obstacle factors and overcome.The important issues for the rulers andthinkers is what is the causes and Countermeasures of the public securityproblems in the ancient China. In Pre-Qin period, the thinkers face moralanomie, war, crime, and the masses who have no means to live, they try theirbest to find the reasons and the corresponding measures of those problemswith the multi-angle of the human nature, people's economic condition,the bureaucracies' corruption, and other social causes. From Qin Dynasty,the rulers and thinkers succeed the thought about the society stabilitywith unremitting ponder, they inherit the elements of ideas from theirforebears and they get also some new good ideas, which form a unique Chinesetraditional public security culture. On survey of Prevention and Controlof "Dao Zei" Crime, this article aims at the thought of the Public Securityin the Traditional Chinese society, which is divided into six parts: Part one: Introduction. This part aims at studying the currentlyexisting research findings about the ideas of ancient public security andthe "Daozei"crime. The ideas of the public security in the Chinesetraditional society are abundant, while the research findings about it arenot rich. By analyzing the research findings about the ideas, to find theway to study further the ideas of the public security in the traditionalChinese society, this paper think that the thoughts is the content of theideas of the public security which take the prevention and control of theproblems of the public security as the goal.Part two: On the importance of the Prevention and Control of "Dao Zei"Crime in the traditional Chinese society.This part tries to introduce why"Dao Zei" Crime (including stealing, robbery and revolt, etc.)is alwaysthe focal point for the rulers to deal with in the traditional Chinesesociety, they want to control the people through dealing with the "DaoZei" crime. Who conduct the "Dao Zei" crime are the peasant, and whomthe "Dao Zei" violate are the peasant, how to find the reason andcountermeasures with the "Dao Zei" crime makes up the content of the ideasof the public security in the traditional Chinese society.Part three: On the ideas of making someone kind in Chinese traditionalSociety. Goodness and Badness is used to morally evaluate one person, butmany behaviors are bad often illegal, which is more obvious in Chinesetraditional society in which the behaviors that obey the moral rules"Li"(rite) will get punishment as a crime. In Chinese traditional societythinkers who study what Human Nature is, whatever Human Nature is Goodnessor Badness, all to answer why one person commit offences including crimeand other public security problems. In the ideas of keeping public security,how to make people comply with morally or legally rules is an importantaspect.There are mainly two ways to make people kind and not to commit acrime, one is civilization, one is punishment. Education is the main way of the civilization, penalty is the main means of the punishment then. Thecivilization is main means in the orthodox theory of domination in ancientChina, but the punishment is auxiliary. In traditional Chinese society,the rulers who have no real firm belief in some one theory advocate civilizethe people in their theory of governance, but they give prominence topunishment in their practice.Part four: On the ideas of keeping people from poverty in Chinesetraditional Society. This part tries to find the relation between thepeople's living conditions and crimes. Poverty is the main reason why thecrime of"Dao Zei"has happened. Then the main reason which caused thepeasants' poverty was man-made factors, including the rulers'exploitation, the bureaucracies' corruption and the despots' raven,besides the natural disaster. The rulers and the thinkers in traditionalChinese society did their best to find the way of eliminating those problemsand got many good ideas, which including making the peasants have theirfield, the encouragement of the development of agriculture, the reductionof corvee and taxes, giving widows and orphans the pension, relievingcalamity, appeasing and resettling the refugees. The rulers think theproblems of people's livelihood as a security problem, and they do not paymore importance on the development of commodity economy, so they cannotsolve the people's problems of having enough food and clothes. Especially,almost all intellectuals do not follow the plough, and not pay attentionto agricultural science and technology, which can improve the yield permu and support more people. The people who have not food and clothes tosustain their lives, and they may get it through illegal ways, in the final.Part five: On the ideas of keeping officials worthy in Chinesetraditional Society. The king appoints officials to manage people, andofficials enforce the laws and commands. Crime prevention and punishmentis officials' duty, but official who bully the people and take bribes is a major contribution towards "Dao Zei" crime. The reasons why officialsdrive the people to steal and rob include mainly four parts: firstly,Officials have their own interests which are different with the emperorsand the people; secondly, the selection cannot find the honest man; thirdly,the officials are paid too little; fourthly, the supervision over theofficials is not effective. The emperors are aware of the importance ofthe honest and upright of the officials, so they puts forward the viewsof "Ren Xian" and implement it, but it looked doesn't work. Obviously,the principle of "Ren Xian" is not enough to ensure find the good officialsin selection who perform their duties honestly and exercising strictself-discipline, the most important thing is to build a effectivesupervision mechanism that make officials dare not to abuse power forpersonal gains.Part six: On the ideas of control strictly of personal freedom inChinese traditional Society. The basic social control is necessary, suchas population register management, neighborhood watch, the control ofdangerous goods and special industry management, and other measures. Butin the Chinese traditional society, these measures are implemented withgreat personal forcible, and people have little freedom who work in thefield from dawn to dusk supervised by village chief, they have not freedomto leave. They are prohibited walking out on night without warrant, andthey cannot go on travelling without a certificate issued by the official.In addition to go out to work, people almost have no personal freedom, anyviolation will lead to negative consequences of punishment. This reflectsa negative and conservative thought on public security of the rulers whotry their best to maintain a static stability by the coercive force andharsh penalties.
Keywords/Search Tags:Traditional Chinese society, public security, "Daozei"
PDF Full Text Request
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