The Investigation On The Punishment For Being Related To Sb Who Has Committed An Offence

In ancient society, the tradition of yuanzuo his family has a long history. From the upper paleolithic, the record had been changed from "slaughting the whoul family without left"to the penalty of zuxing during the Pre-Qin Period.Then the appliance was never to be stopped.The word yuanzuo was to be defined since Tang Dynast as a legal term. During the thousands years of evolution,because of the realation with family,yuanzuo had created and continued to produced far-reaching influence to the society.There is an principle which punishing the member possessing bloody connection or commoming property that never to be altered.Family which has being attached importance has played a very important role in ancient.We can see the effect of family from social existence and political management.Yuanzuo reflecting the influence of famiy underlined the properties of class and ethic. The punishent of yuanzuo was moved as the grade by blood. The history of yuanzuo was the history of the conflict between country and family, as well as the course of the thought between Confucianists and Legalists.Chapterl.The conception of yuanzuo. All kinds of opinions would be introduced about yuanzuo in the field.The changing history of yuanzuo is the time absorbing the essence from the relative concepts of lianzuo, nulu, zuxing, menzhu, and so on. Whatever,there is only yuanzuo which represented the objective situation from all these terms. And the position of this thesis is established that yuanzuo is a penalty which was added on the members with bloody realation or common property. Additionly, as a custom of through to the end, yuanzuo is different from lianzuo,menzhu, which have much excoriate.Chapter2. The Code of Yonghui formulated the crimes, object and the pattern. There are two problems to be solved. One is the interpretation to the cocept of rebellion. The code excludeed a few.words and deeds seemingly rebellion.Yuanzuo chiefly aimed at the serioue offences.However,this is the partion but not the all.There are so many commom crimes which were be punished by involving his family members.With the commerical society evoluting quickly and the Man People invadering, yuanzuo had been enlarged increasingly. Such common crimes as theft and robbery, camarilla and Advocation of evil cult. Which reflecting feudal codes was coming down in step by step. Comparing the legation after Sung,Ming,Qing Dynasty,yuanzuo during Tang was mature most.Chapter 3. The legislation of yuanzuo was formulated according to etiquette and reflected by many articles. Furthermore, the tradition of family in the shade over children,grandchildren and the concealment system. Seemingly, yuanzuo was opposite to shielding relatives, in the fact, there is harmony between two systems which representing covering and sacrificing consanguinity for the sake of righteousness. While the system of benefaction can be passed to descendant as privilege owned by bureaucratic divisions, consitituting the whole entity of honouring one and you honouring them all, injuring one and you injuring them all.Chapter 4.The yuanzuo cases are researched as objects in this chapter.There are two problems are be solved.The one is to describe how legislations agree with or deviated from jurisdiction.On the other hand,through summarizing the rules of yuanzuo cases, some opinions would be completed and corrected. Most cases of yuanzuo are not involved in poltical events and by the Code or etiquette. Although in an authoritarian monarchy society, law was often be used at random,which the phenomenon of law to show mercy and extralegal use of torture was a common sight. It is not justice to criticize the cruelty and agriothymia or conviction and punishment beyond penal law. The fact of members being implicated by rebellion or treason added heavy political color.In fact, there were many cases that a lot of officials were be punished by family disorder. These numerous cases made yuanzuo have multi-faceted. While the tradition of honouring one and you honouring them all was varied when facing the conflicts between royal members.Yuanzuo as a crucifixion embody the essences an a double-edged sword. On the other hand, although there are plenty of cases transcended the law, we remain finding bases according to momos and etiquette. It is the expression of rulers applied benevolence and righteousness but not excruciation and punishment to governing the country.Chapter5. The social and ideological source of yuanzuo. By studying the realation between yuanzuo and traditional society and thoughts, summing the reasons and conditions which promptted yuanzuo from production to mature. The fact of punishment resulted from wars has close connection with yuanzuo. The composition of army and the pattern of punishing to the defeated party apply for yuanzuo in the objects and fashion. At the same time, domestic institution induced to produce yuanzuo. The confict between family influence national power motivate yuanzuo to change correspondingly. Confucianists claimed to be careful to use punishment while legalists highly appreciated penalty. The confrontation of two parties made yuanzuo ups and downs. The rulers mixed the ideals of clannishness and loyalist and filial piety. On the one hand, they take advantage of the famililes, on the other hand, families would be manipulated. The balance would be kept during dynamic movement.Chapter6. Interpretation and critique about yuanzuo. In the part one, by modern legal theory, we consider that yuanzuo had certain rationality during the ancient ages. There are limites which restricted appliation of yuanzuo. In the most degree, yuanzuo had statutorily and circumspection on torture. Although yuanzuo had been abolished since the begining of last century, the aftereffect of normal execution sequence would not disappear right away. The illegal yuanzuo rendered the whole society immobility. Invisible and disguise yuanzuo cases exist in a free society under the rule of law. Espically the govermont export obligation and liability from time to time by bloody and dometic relation. A 11 this explains the environment from which breeding yuanzuo consist in reality all the same. Except the thought deep-rooted, there are vulnerability and unsound judicial consciousness. Harmonious soeiety coming true depend on eradicating disease and disadvantage. Nomocracy need the principal of bearing responsibility solely for ones own crime.