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Draw Lessons From History - The "spring And Autumn Dynasty

Posted on:2012-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:T YuFull Text:PDF
GTID:2216330338962068Subject:Law
Abstract/Summary:PDF Full Text Request
"Adjudicating suit in line with the sprit of Spring and Autumn" originated in Western Han Dynasty. As an important historical event in the development of Chinese legal history, it has produced a great effect on the formation of Chinese legal system. "Adjudicating suit in line with the sprit of Spring and Autumn", as one kind of Judicial activities, utilized the classical simple words with deep meaning of Confucian ideas as guideline to analyze cases, identify the criminal liability and apply punishment. During the course of dealing with difficult cases, Confucianism showed its priority when conflicts appeared between legal provisions and Confucianism. "Spring and Autumn", "Book of Songs", "Book", "Ching" and "Li", especially "Spring and Autumn", became the classical writings at that time. "Adjudicating suit in line with the sprit of Spring and Autumn" opened the Confucianism process of Chinese law and then affected the formation of Chinese legal system. So many researchers in Chinese legal history focused on it, but most of them took a skeptical attitude. In order to learn about "Adjudicating suit in line with the sprit of Spring and Autumn" deeply, this article mainly talked about the causes, connotation, positive effects and disadvantages. This article includes five parts in all.The first part discussed the historical background and causes about "Adjudicating suit in line with the sprit of Spring and Autumn". At the beginning of Han dynasty, the rulers drew a lesson from the downfall of Qin dynasty and began to change the policy. By adopting Lao tzu's ideas of a government with nongovernment, Han dynasty realized the social stability and economic improvement. During the period of Emperor Wu, Han dynasty carried out a policy of proscribing all non-Confucian schools of thought and espousing Confucianism as the orthodox state ideology. With the spread of Confucianism into the legal sphere, "Adjudicating suit in line with the sprit of Spring and Autumn" appeared.The second part discussed about the connotation of "Adjudicating suit in line with the sprit of Spring and Autumn". The basic guideline of "Adjudicating suit in line with the sprit of Spring and Autumn" was "original mind conviction". "Original mind conviction" came from Confucianism that played more attention to the ethics of rites. In accordance with the guideline, "Adjudicating suit in line with the sprit of Spring and Autumn" made an assessment to human behavior whether it conformed to the principles or not.The third part discussed the confucianization of "Adjudicating suit in line with the sprit of Spring and Autumn" and law. The law confucianization was an important process during the development of Chinese ancient law. It also became one of most important features in Chinese legal system. Confucianism influenced the direction of Chinese ancient law. "Adjudicating suit in line with the sprit of Spring and Autumn" opened the door to the law confucianization.The fourth part discussed the evaluation to "Adjudicating suit in line with the sprit of Spring and Autumn". "Adjudicating suit in line with the sprit of Spring and Autumn" was an important affair during the development of Chinese ancient law. We should treat impartially "Adjudicating suit in line with the sprit of Spring and Autumn" in order to set a pertinent value on it.The final part discussed the referential significance of "Adjudicating suit in line with the sprit of Spring and Autumn" to contemporary society. The system of "Adjudicating suit in line with the sprit of Spring and Autumn" to contemporary society" changed moral essence into concrete social being. So it is very worth to be learned from and inherited. Ruling the Country with Virtues from "Adjudicating suit in line with the sprit of Spring and Autumn" embodies in modern legislation construction, which is of momentous significance to construction of harmonious society in our county.
Keywords/Search Tags:Adjudicating suit in line with the sprit of Spring and Autumn, Law confucianization, Rule of virtue, Rule of law
PDF Full Text Request
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