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Ancient Chinese Legal System, From The "water Margin"

Posted on:2007-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:X Z LuoFull Text:PDF
GTID:2206360185984948Subject:Legal history
Abstract/Summary:PDF Full Text Request
Shuihu is a spirit treasure of China. The author described a story of 108 good brave fellows going together to liangshanbo to revolt the government. That year, liangshanbo become the ground of right and wrong because of these 108 good brave fellows' gathering; Afterwards because Shuihu described these 108 good brave fellows, it become "the book of right and wrong". All ages, the issue and researches of Shuihu are countless, but only a few people do researches in this novel from the aspect of law history. There is a concept in the tradition of Chinese academic, which is so-called "a family of history and literature". The writer thinks that using Chinese classic literature to research Chinese law history is not only viable, but also academic worthy. This text is written for analyzing the relationship between Shuihu and Chinese law history.The first part of the article analyzes ancient legal system environment of Shuihu. Writer analyses the legal system condition of the Ming Dynasty to probe the social source of Shuihu. In the later period of Ming Dynasty, the emperor was stupid and the legal system was harsh, so the common people were living in the oppression of economy and the politics. Living in this environment, the author deeply realized the hardship of common people, so he described 108 good brave fellows presuming heroic behavior to resist the imperial government. These chivalrous men had chivalrous spirit, and they upheld justice for common people. They made the common people see hope in the dark, so the common people talked about the magic personality power and heroic behavior of them, hence Shuihu can spread extensively. In a word, Shuihu was born in the process of chivalrous men pursuing freedom and justice in the legal system environment of Ming Dynasty. After the chivalrous men were born, their chivalrous spirit repaired the spirit of legal system in ancient times.The second part of this article analyzes god' way of Confucianism law in Shuihu. The writer thinks it to be the most clear law history characteristics of this novel. "Doing sth for god" is the theme of this novel , and it is influenced by "the nature and...
Keywords/Search Tags:chivalrous man, chivalrous spirit, ancient marriage system, judicial system
PDF Full Text Request
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