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The Analysis of Tang Lü’s Implementation

Author: LiuXiLie
Tutor: HuoCunFu
School: Jilin University
Course: Legal History
Keywords: Tang law Law enforcement Influencing factors
CLC: D929
Type: Master's thesis
Year: 2006
Downloads: 206
Quote: 3
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Abstract


The research of Tang Lü’s implementation is a method to study Tang Lüfrom dynamic angle. Its concern spot rests on researching the conjunction degree of Tang Lü’s provisions and practice to carry out between the situations. And then analyze various factors that affect Tang Lü’s implementation, eventually offer certain theory basis to appraise Tang Lüobjectively. From this research starting point, this paper divides into correlative three parts: the total investigation to the implementation of Tang Lü’s provisions; the specific investigation to the implementation of Tang Lüprovisions; the analysis of the factors which influence Tang Lü’s implementation.First section, describe the total investigation to the implementation of Tang Lü’s provisions. This section summarily discusses the implementation of Tang Lü’s provisions. Here chiefly to investigate relevant historical materials and treatise to find execution instance of Tang Lü’s provision. According to the implementation instance in the historical materials, these provisions are approximately divided into three kinds: the provisions which had been implemented better; the provisions which had been modified and the provisions which had not gone along with in the trial practice. There are two aims of such partition, first is to describe the implementation state of Tang Lü, and second is to establish base for the analysis of factor that affect Tang Lü’s implementation.Second section shows the specific investigation to the implementation of Tang Lü’s provisions. This section chiefly analyzes and researches the implementation of Bayi in Tang Lü. In the paper of“The textual research of Tang Lü’s implementation”written by Zhang Jianyi, there are some cases of the implementation of Bayi, and conclude that Bayi is almost dead provision. To this problem, this paper thinks Bayi had been conducted and is not dead provision based on a great quantity of historical materials. This analyze

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