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Chinese traditional culture of the the Han Dynasty judicial operation mechanism

Author: SunJiYu
Tutor: YuanZhaoChun
School: Shandong Normal University
Course: Legal History
Keywords: Traditional culture Legal culture Traditional social Judicial philosophy Judicial operation mechanism
CLC: D929
Type: Master's thesis
Year: 2011
Downloads: 78
Quote: 0
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Abstract


The mode of development of the law and is closely related to a country's cultural characteristics. Culture is the soil and the cornerstone of the law. Today, the European legal system still permeated with the idea of ??the traditional European culture factor. European legal system and the legal culture is inherited and traditional European legal culture and system updates. The formation and development of the law can not be separated from the culture. Technical conditions for the first generation of legal culture: the generation of the text of the legal provisions formation becomes possible; richness of the text contents of the formulation of the legal provisions also allow more firmly established; mainstream culture of a nation or country, the decision of the country and the nation The values ??of the society as a whole, and value orientation, thus affecting the concepts and principles of the legislation. In short, the cultural formation of the legal parent, legal philosophy and thinking, established inseparable from culture. By studying the impact of the traditional culture of the Han Dynasty for judicial operation mechanism, on the one hand, we can objectively understand how the culture is the impact of judicial philosophy and judicial systems; the same time, the for judicial practice today, can guide our thinking: how to deal with the social mainstream cultural and legal philosophy and system of relations; how Excavation and social development in the mainstream culture in contemporary society, judicial philosophy and the judicial system, so as to promote the development of China's judicial practice. History and tradition can not be fragmented, the development of culture and civilization inheritance. Han Dynasty period as the cornerstone of traditional Chinese society, the legal system and framework, judicial development of the judicial culture and system of traditional society has an important significance, at the same time, provide a useful experience for the construction of our judicial system today. The basic theoretical framework of the legal system of the Han Dynasty and followed by the basic spirit of the later dynasty. Dong Zhongshu to transform the traditional Confucianism, Confucianism as the core, the absorption and integration of Taoist Thought Legalists Thoughts Mohist thinking Naturalists schools of thought, new Confucianism that Confucianism as the core of traditional Chinese culture . Han Wudi Domination of Confucianism and traditional culture gradually began to go deep into all levels of social life, affecting the development of the Han Dynasty, the political, economic and cultural. The traditional culture has become the culture and values ??of the mainstream of society. The traditional culture of the Han Dynasty, the legal system is obvious. Under the influence of the traditional thinking, the the Han Dynasty legislation guiding ideology has changed. In judicial practice, under the influence of the traditional culture, established the basic philosophy of the Han Dynasty judicial system and judicial principles. Factor of traditional thinking, infiltrated into every aspect of the field of justice: such as Dong Zhongshu's \provisions to further deepen the traditional culture for justice. The law began Confucian process: On the one hand, the expansion of the role of traditional ideology and culture in the judicial operation mechanism; On the other hand, it is also the Confucian classics directly codified traditional social legislation, the principles of justice and the original guiding ideology, which a tradition but also for future generations dynasty followed the traditional social and legal system in China is gradually formed and developed. Therefore, the legal system of the Han Dynasty of great significance in the history of Chinese law, the Han Dynasty traditional social and legal formation and groundbreaking period, the judicial system is also true. For today's judicial building in terms of, on the one hand, we want to absorb, learn from foreign advanced judicial philosophy and system; On the other hand, we want to explore the local legal resources. Local legal culture, especially the judicial culture has left us with a valuable asset, and we need to be explored; same time, to explore the traditional judicial culture, has a very important significance for the understanding of China's legal tradition to build today's legal culture. The law is rooted in society as a whole culture, culture is the legal formation of the soil, only to explore the local culture, in order to accurately grasp the basic national conditions of our country, we transplantation advanced foreign legal concepts to create conditions for the establishment of the culture and philosophy of the law in line with China's national conditions laid foundation.

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