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The Analysis of "Jie"、 "Ge" in the Commentary of Criminal Law of Tang Dynasty

Author: ZhangYing
Tutor: LvLi
School: Jilin University
Course: Legal History
Keywords: THE COMMENTARY OF CRIMINAL LAW OF TANG DYNASTY "JIE" "GE"
CLC: D929
Type: Master's thesis
Year: 2011
Downloads: 58
Quote: 0
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Abstract


"eight Cases", also known as "lv mu", has a vital role in legal study. This article is only analyzed of "Jie" and "Ge" which are directly referred to the penalty.This article is divided into four chapters as follows, an overview of "Jie" and "Ge" meaning, the distribution and morphology of "Jie" and "Ge" in the Commentary of Criminal Law of Tang Dynasty, and the important roles of "Jie" and "Ge" in the Commentary of Criminal Law of Tang Dynasty.In the first chapter, I talked about the word etymology of "Jie" and "Ge", then I introduced the essential meanings of the two words as well as the legal meanings of them. This is the understanding of the use and roles of "Jie" and "Ge in the Commentary of Criminal Law of Tang Dynasty in the foundation. This section focuses on the meanings of "Jie" and "Ge" for the purpose to clearly distinguish the usage of the non-word cases. In this part I have a brief comparison of "Jie" and "Ge"and it is the base of the research.In the second chapter, I made the statistics of the quantity and distribution of "Jie" and "Ge in the Commentary of Criminal Law of Tang Dynasty. The specific forms of the two words were classified, and I had a brief description of specific legal provisions in the Commentary of Criminal Law of Tang Dynasty. This chapter is a key part of this article, and this is what I focus on to explainedIn the third chapter I briefly explained the reasons of the two words used in legal provisions. These reasons reflect the legislative intent of the legislator Tang, on the purpose of protecting the imperial power and maintaining the strict hierarchy. This is also the legislative purposes of the legislators to be achieved.In the last chapter, I briefly explained the roles of "Jie" and "Ge" in the Commentary of Criminal Law of Tang Dynasty. And I focused on the overall impact of the two words in the form of a special provision. In summary, I made a detailed description of the meaning, distribution and morphology of the two words. I would like to have a better understanding of the legislative words and the overall framework of the Commentary of Criminal Law of Tang Dynasty. It has an important role in the historical status and correctly evaluated the Commentary of Criminal Law of Tang Dynasty.

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