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Posted on:2012-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:J ShiFull Text:PDF
GTID:2206330335997847Subject:Law
Abstract/Summary:PDF Full Text Request
The "Adjudicating Suit in Line with the Spirit of Spring and Autumn" was appeared in the Emperor Wu of Western Han's presidency which is a kind of special judgement judging by the Confucianism which is basically about the "Confucius' Spring and Autumn Annals". It arouses legal history scholars'attention and occupies an important position in traditional law.Numerous related literature analyzed the "Adjudicating Suit in Line with the Spirit of Spring and Autumn" and the research achievement mainly focus on the purpose,the historical role and the valuation of this book.Based on the fact what the ground of "Adjudicating Suit in Line with the Spirit of Spring and Autumn" is according to "sublime words with deep meaning" of "Gongyangzhuan", this article get to clean up the relationship of these factors, then to analyse the application of the "Adjudicating Suit in Line with the Spirit of Spring and Autumn" in Han Dynasties.This paper is divided into three parts which are the introduction, the main text and the conclusion.The main text is divided into three chapters:The first chapter is divided into two parts.First of all, this article is just make a simple introduction to the imparted text and context of the "Gongyangzhuan" by general narration.Then, the development situation of "Gongyangzhuan" in Han Dynasties is mainly rely on the effect of Dong Zhongshu. Dong Zhongshu make the national policy "Hundreds ousted, the dominant Confucianism" and is the chiefly favorer of the Confucius thought in "Gongyangzhuan" and the "Adjudicating Suit in Line with the Spirit of Spring and Autumn". Hence, the author make a brief introduction on him to help reader to better understand the main idea.The 2nd part is to focus on the "sublime words with deep meaning" of "Gongyangzhuan" in knowledge hierarchy of the Confucius thought. The author is to clean up the questions which in "sublime words with deep meaning" whether one belongs to the "Classics" and whether one belongs to the "Power". Meanwhile, the author pay more attention to analyse the relationship between the "Classics" and the "Power", and then give the suggestion that to stop arguing the "Classics" and give attention back to the "Confucianism".The second chapter is a narration of the intension and the principle of the "Adjudicating Suit in Line with the Spirit of Spring and Autumn" and the relationship between the idea of the "Classics" and the "Power". The "Adjudicating Suit in Line with the Spirit of Spring and Autumn" is a reflection on judicial circles of the Confucius thought. It begins a Confucius judicial era and also blend the Confucius thought deep into the Legal. The principle of this book is "Depend on the fact,discovering the criminal mind", in this article, the author cares more about the former sentence,which means the author keep a watchful eye on the criminal fact itself.The last chapter is to introduce the applicant situation of the "Adjudicating Suit in Line with the Spirit of Spring and Autumn" in Han Dynasties.The author depend on different criterion divide the cases of this book into three parts, which are "The Law by Righteousness","The Law by Adjudicating Suit in Line" and "Custom Solving".
Keywords/Search Tags:Han Dynasty, Gongyangzhuan, Jing Quan Thounts, Adjudicating suit in line with the sprit of Spring and Autumn
PDF Full Text Request
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