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Some Research on the Pardon System in Zhou-Li
Author: ZhaoWenZhuo
Tutor: XieNaiHe
School: Northeast Normal University
Course: History of Ancient China
Keywords: Zhou-Li pardon system style characteristic dependability
CLC: D929
Type: Master's thesis
Year: 2011
Downloads: 77
Quote: 0
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Abstract
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Pardon system originated from the Chinese civilization Pre -Qin period, as an important part of the law in ancient attention by the successive. Especially the national political practice, whether should execute Pardon system triggered a controversy by Zhu-Zi. Relevant question discussion, highly can promote the Pre -Qin period absolve system origin face, also for deepen study of ancient Chinese Pardon system origin of understanding, has important academic value.Zhou-Li is an important book of Dong zhou, its content more wade Pardon system. because scholars unfeasibility, the author through text analysis, multiple comparison method evidence act and the text to the Zhou-Li in the pardon system study, and use the concept of modern to analysis the Zhou-Li’s pardon system.This article I will divide into four parts. The first part I will sort out the history of academic, finally, by defining the definition of pardon system. The second part, introduce the set up of pardon system. In Zhou-Li, Zhou king provide the highest prerogative of pardon system, and have its organizational.“XiangShi”,“SuiShi”,“XianShi”, after hearing the case and handing to DaSikou, then handing to king, king decide to pardon. The third part, describes the main types of pardon system. Zhou-Li in the pardon system is divided into general principles of amnesty and pardon they are two complementary types. General principles are law applicable to judicial proceedings in one of the principles, the special circumstances of crime to use a particular. If the offender is comply with old, young, stupid of the conditions of, is the“Eight discussions”of the types, or during the trial is found Yee, must commute penalty. The fourth part, summary the main features of pardon system. The pardon system in Zhou-Li mainly is the shirt punishment, such a thinking of royal autocracy, with certain transitional. through this case study, the Chinese legal system since source stage Male right supremacy and so on many traits, thus separated a different from Europe and American law department.In a word, Zhou-Li is in the pardon system has developed to a very high level. The system’s pardon system has been formed, although the composition contains the author’s imagination, however, most of them in the other historical in Zhou Dynasty. I hope that through writing this article can lead to further academic study.
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CLC: > Political, legal > Legal > Chinese law > Chinese Legal System
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