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During the Ming and Qing Dynasties County trial in the "communication" to "self case" as the core

Author: ZhangXiHeng
Tutor: ShiYanLiang
School: Shanghai Normal University
Course: Legal History
Keywords: Ming and Qing dynasties counties trial communication
CLC: D929
Type: Master's thesis
Year: 2013
Downloads: 11
Quote: 0
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Abstract


People used to viewing communication as talking and exchanging, which is justthe narrow definition of communication. However, communication psychology, witha broad communication perspective, holds that communication includes not only thetransmission of information and verbal exchanges, but also the information stimulusthat can cause changes in peoples thinking, awareness and informationinterpretation, such as traffic lights or zebra crossings on the road, advertising signs,security identification, system files, and so on, all of which exist as a result ofcommunication, and therefore belong to the category of communication activities.Narrow understanding of communication, generally brings about disuses of theknowledge and theory, and even contrast to the basic principles of communication.So speaking, the administration of justice is naturally part of communication,and the Belgian scholar Mark Van? Hooker even claims law as communication.Effective communication needs to follow the relevant principles and mechanisms ofcommunication psychology. And so the administration of justice is supposed to beseen from a communication perspective, and be improved by the use of relatedmechanisms and principles to analyze, guide and promote the efficient conduct of it.In this thesis, the approach of communication psychology is taken. On the onehand, from a general communicative point of view, certain communication elementsof the Ming and Qing counties in the administration of justice is selected, includingthe principal communication entities, i. e. counties executives, and their crownedclothing, Miriam Wei, origin and structure of knowledge, the main organizationalresources, behavior norms, etc; the trial site location and the interior of the countiesYamen; relevant provisions and the arrangements of interrogation activities, such asto put that report, words acceptance (or not), to ban the more complaints andappeal, issued subpoena, Shengtang ceremony, torture activities and sentenced tothat judgment species; the characteristics of the the judgment structure and content,batch word features. All of these bring about a comprehensive analysis of thesituation and characteristics of communication in the Ming and Qing counties judicial trial from the visual, auditory, tactile, pain and other sensory systems of themulti-faceted perspective. On the other hand, communication mechanisms andprinciples are used to analyse and review these communication from a technicalperspective.This research and analysis of history is of both theoretical significance andpractical value. By this token is the concept of law as communication reviewed, and itfollows that in the first place, the demonstration of the legitimacy of the traditionalcounties trial is both based on its own authority and simultaneously certaincommunication Argumentation is back of it; in the second place, the legalization ofcommunication of modern judicial decisions is achieved through a deliberativecommunication, but how does a deliberative communication is produced? Can itaccomplish the prediction eventually? These have been not answered yet. However,combined with the communication features of the Ming and Qing counties trial, itmay be helpful to answer these questions from the perspective of communicationpsychology. In addition, with the combination of modern psychology research, as wellas the investigation of the Ming and Qing counties trial communication,communication is often extensive, and there are a variety of communicationelements, which encourages us to take note of the peripheral pathway incommunication convince. And so, in our current judicial trial is it necessary to paydue attention to the afterword of judges and judicial symbolic ceremony.

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