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Tragic Figures of Feudal Legal System Comments on Legal Thought of Hai Rui and Legal Practice

Author: OuYangJiao
Tutor: DingLingHua
School: East China University of Political Science
Course: Legal History
Keywords: feudal legal system tragic fiture Hai Rui legal thought legal practice
CLC: D929
Type: Master's thesis
Year: 2010
Downloads: 74
Quote: 0
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Abstract


Hai Rui (1514-1587), who wrote Hai Rui Sets consisting of memorial to the throne, making, injunctions, participants, notices, regulations, and other volumes, is a famous politician in Ming dynasty.Hai Rui had worked for nearly 20 years in the government, and had reached the rank of the second. He had been a magistrate, the governor, the dean of Account, principal of Temple Management, Assistant Minister of Personnel, Censorate Censor, and so on. Based on his books and scholars’study, I further elaborate the legal thoughts such as etiquette uniform, the unity between law and human, the people and authenticity to the queen, and discuss tragic fates of the characters of feudal rule of law in legal practice.This essay contains preface, body which consists of four chapters, and conclusion.Preface mainly discuss the composition of legal thought of Hai Rui, an overview of legal practice, fate of the characters, the significance to today’s legal system, indicating the original purpose of choosing this topicChapterⅠintroduces mainly the life and the historical background of his life. His life was divided into the life of young people, the period of education management, the governor of a county and a province, and his late career. Chapter II focuses on the legal thinking of Hai Rui. It will be discussed from four aspects. First, etiquette uniform is talked and moral as the importance in the world is taken, officials obey no corrupting, people follow the laws, the elders are honored at home, and the old are respected outside. Second, thought of unity between law and human being. The world is ruled successfully under the unity of law and human being. The people are ruled by moral while officials obey the laws. Third, thought of the people is reflected from the such aspects of people as "the foundation of the people, and country is stable," "sincere request, although not in, not far away," "uncorrupted, careful, and diligent are the ways of officials," Fourth, ideas of loyalty is reflected from the aspects of" sovereign integrity and responsibilities of officials are mentioned in order to get safety of everything," "love monarch and country in the mind, and everything occurs just in the day time,"ChapterⅢfocuses on the legal practice of Hai Rui. They are as follows. You should be upright when battling with officials in terms of laws; tyrants are punish; corruption is suppressed; violence is gotten rid of; good people are safe; Honesty is respected while corruption is cleared; you are brave to say anything and grievances of the people; laws and regulations are established, official management is reorganized.ChapterⅣanalyzes the tragic fate and source of the feudal legal system by historical status of Hai Rui’s legal thoughts, noting that China’s reference to the construction of contemporary legal system.The conclusion emphasized on promoting to the construction of feudal legal system from legal thoughts of Hai Rui and legal practice.

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CLC: > Political, legal > Legal > Chinese law > Chinese Legal System
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