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From "zouyanshu" look at the beginning of the Chinese judicial situation

Author: HuangShanShan
Tutor: ShenShouWen
School: Yunnan University
Course: Legal History
Keywords: Zouyanshu The han dynasty judicial fact-finding application of law law thought
CLC: D929
Type: Master's thesis
Year: 2012
Downloads: 66
Quote: 0
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Abstract


Zouyanshu of case is the case of primary judge first-hand accounts, have not been replicated and processing, can say to have quite a bit of objectivity. Case grammar express succinct, the but again a complete record of the case trial process, in which the legal standard terminology, judicial procedure strictly. Both the case is introduced, the parties, the statement, evidence enumerated, also have this trial and legal quoted. With modern legal system to measure its program is ready.Through Zouyanshu of the early han to have a complete understanding of the legal system, then analyzes the formation of the Chinese legal system in the early years of the basic situation, help to understand the Chinese traditional legal system of the formation and development. In the modernization of the development of the society ruled by law, should pay attention to the traditional legal connotation and value, to reduce the law in the concrete implementation obstacles, and sets up the correct legal value orientation, so as to guide the spirit of law culture, in order to perfect our country legal system.This article by Zouyanshu as the object, divided into five parts analysis of the early han dynasty judicial condition. The first part is for Zouyanshu introduction, first defined Zouyanshu what is the nature of the legal documents, and other historical records at that time is up, the study how value; Second, explain the contents and classification; After time, fine in the concrete system of the operation, that is how to operate the system of conviction; Finally, the analysis of Zouyan documents format. The second part, this judicial procedure mainly includes the han dynasty specific steps, compared to Zouyanshu and other historical records of the paper. The third part is to the conviction the book of the law in the analysis of the specific problems, and to explore the object to the case facts judicial officials han dynasty is how to determine and how to apply the law. The fourth part is up Zouyanshu reflects the legal thoughts and the modern judicial significance.

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