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Right Of Traditional Chinese Fatwa

Posted on:2012-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z K XuFull Text:PDF
GTID:2216330338456969Subject:Law
Abstract/Summary:PDF Full Text Request
Traditional ethics is a timeless topic, both a strong theoretical, but also with the reality of daily life, Traditional ethics of the research focus has been the legal history circles. Dan on the propriety of the many, for the right of the traditional Chinese fatwas are rarely involved, and fatwas have the right to life and our strong links, especially for the contemporary rule of law, virtue building, on the whole moral literacy Increase is significant. Therefore, this decree the right of the traditional Chinese perspective of the right to explore the history of traditional fatwas, causes, main contents and characteristics, and assessment of its advantages and disadvantages, in order to get a little inspiration, be able to build a modern society the right to propose a new fatwa Some plain advice.This article first fatwa on the traditional Chinese concept of the right to define, the right to correct people's awareness of bias fatwas. People tend to think that fatwas descendants of the parents the right to just the right while ignoring the fatwas right combination of rights and obligations, but also has more content. The first part discusses the traditional history of the institution the right fatwas. End of primitive society to the Western Zhou Dynasty, Spring and Autumn Dynasty, along with the traditional right fatwas the formation of the family horizon, accompanied by the generation of culture arising ceremony, Han and Tang Dynasties, Dong Han Dynasty by the proposal, "abandon all other schools, only use Confucianism, "Han Xuan and flaunt the " Filial "right of traditional Chinese fatwas have been further developed. As China's Tang dynasty the feudal system, the peak of its political and economic development while greatly, their culture, legal system, especially combination of etiquette also reached the peak of the feudal era, traditional Chinese fatwas are reaching the right to complete this period also. Tang dynasties after the Tang and Legal mostly modeled, so the Ming and Qing period, the legal requirement on the fatwas have no great changes, but with the rise of Neo-Confucianism, especially in Confucianism as its share to replace the Han and Tang After the ruling ideology, the process of amendment of law embodied in the concept of propriety have unprecedented spread and deepened, resulting in the traditional right of fatwas have been strengthened. Late Qing Dynasty started the modernization of the legal transformation of East and West, old and new, tradition and modernity have a fierce collision, triggering a world-renowned "etiquette dispute", the focus of final debate focused on the "no husband rape "and" descendants violation of fatwas, "the abolition of the article, reflecting the decline of traditional Chinese fatwa and the right to decline. The second part discusses the rights of traditional Chinese fatwa main contents and characteristics. The third part is the right of the traditional Chinese fatwa causes. Economically, the Chinese, agriculture, small-dominated family is the basic economic unit, which is the breeding and development of the right fatwas provides a realistic soil; in politics, one of ancient countries, the country's political structure of the right to provide political protection fatwas, laid the social foundation; in the cultural aspects, to the main ceremony and throughout the entire history of Chinese civilization, Confucianism formed the fatwa provided the right cultural background. The fourth part is the right of the advantages and disadvantages of the traditional Chinese fatwa Analysis. China itself is a traditional right of the merits of fatwas, the coexistence of contradictions, this part of the decree to the right of traditional Chinese filial piety main content, disciplinary power, to send the right and the tutor to focus on punishment, the right of traditional Chinese fatwa inheritable factors were analyzed. And traditional Chinese filial piety the main content of the right fatwas, disciplinary power and the right Zhuhun focus on Chinese traditional fatwas of the right to abandon the factors were analyzed. The fifth part is the right of the traditional Chinese fatwa Inspiration. In modern society, rapid economic development, generating a lot of family issues on the face of problems of modern society, we need to adapt to modern society, the new building right fatwas, it is necessary to decree the right to criticize the traditional inheritance and the need to create ethics within the family atmosphere of harmony, we must have an external law enforcement, but also have an inner moral self-restraint.
Keywords/Search Tags:Right fatwas, System History, Disciplinary power, The right to send Correctional
PDF Full Text Request
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