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On the Legal System of Old Young and Disabled Person of Ancient China

Author: WangJiaFeng
Tutor: LvLi
School: Jilin University
Course: Legal History
Keywords: Young and old or disabled legal system Excused Relief
CLC: D929
Type: Master's thesis
Year: 2011
Downloads: 198
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Abstract

Young and old or disabled and other vulnerable groups is an integral part of the country, the protection of this group greatly affects the country's economic prosperity and social stability. Since the founding of our country since 1949, economic, cultural and other fields have achieved remarkable achievements, however, our social security work is lagging behind. In the current has been largely achieved a moderately prosperous society in the larger environment, improve the country's social security system is very important. Therefore, I chose young and old or disabled study of ancient Chinese legal system, hoping to get some inspiration. The research method is mainly empirical research methods, namely young and old or disabled on the ancient legal systems to analyze the relevant provisions of finishing. This text is divided into the following parts: The first part is an ancient Chinese legal system, young and old or disabled ideological origins. Any legal system is not a vacuum, but in particular economic, cultural, ideological background generated. Similarly, the ancient Chinese young and old or disabled legal system also has its own specific ideological origins. After careful analysis, I believe that ancient Chinese legal system young and old or disabled ideological origins in the following aspects: First Qin \As early as Sovereigns and Five Emperors period, the rulers had been having such a thought of the people. \To the Western Zhou Dynasty, but also formed a \. Confucianism to China two thousand years of feudal social impact would be far-reaching. Confucius was the founder of Confucianism, Confucianism is a representative figure. Legal Thought of Confucius include Reiji thought, moral ideology and thoughts of men, because Reiji ideas and thoughts of men young and old or disabled on Ancient Chinese Legal System meaningful guidance, so this article only Confucian Rule with Virtue be discussed. Another representative of Confucianism characters are Mencius Mencius \\Throughout Chinese legal history, legal system, or whether it is legal or is thinking of justice, the reason are like a shadow concept has been accompanied by the growth of Chinese law, the development, the reason that makes sense ideas like a shadow, because we Specific provisions of the law is difficult to identify the contents clearly defined sense, but we dynasties legal system and judicial practice can really feel the sense of presence, as Mr. Fok Cunfu say: \the Chinese people have a cut, and chaotic special things exist. \Ancient China has been on the sensible ideas. The second part is the ancient Chinese young and old or disabled legal system history. After the ancient Chinese dynasties laws regarding young and old or disabled system requirements analysis, I believe, the ancient Chinese young and old or disabled legal system develops, there is a clear context of this development process is broadly divided into four stages, They are: first infancy: the Qin Dynasty. Young and old or disabled during this period is characterized by the legal system less relevant provisions, and the content is relatively simple, general; Second, the development stage: Qin and Han Dynasties. Young and old or disabled during this period compared with the legal system has made significant development during the Qin Dynasty, young and old or disabled for forgiveness provisions crime more, and in the right way young and old or disabled relief also has a diversity; Section Third, the mature stage: the Tang Dynasty. Tang young and old or disabled legal system content specific, clear and systematic, specifically in the category of persons with disabilities Tang made clear division of the provisions of the Tang Dynasty more systematic age of criminal responsibility, young and old or disabled torture Tang Tang's forgiveness and relief for young and old or disabled several aspects; Fourth, the perfect stage: Song Ming and Qing period. Since Tang disease in young and old waste system requires to achieve a scientific, comprehensive level, after several dynasties of Tang, in the Legislative mostly on the Tang Dynasty inherited disease in young and old waste system content is nothing new legislation, only in some some specific institutional minor repairs. The third part is the young and old or disabled legal system content. Throughout ancient Chinese young and old or disabled legislation, found mainly includes three aspects: First, young and old or disabled crime forgiveness system. In ancient China, young and old or disabled crime is a tolerant, first of all, young and old or disabled on the penalty be remitted crime. Secondly, in the torture and execution of punishment be given preference. Again, in order to ransom or other lighter penalty instead of the original sentence young and old or disabled; Second, young and old or disabled labor tax relief system. Ancient Chinese young and old or disabled legal system is another aspect of the young and old or disabled labor tax relief system. In ancient China, \Young and old or disabled due to physiological function defects, weakness in service, pay taxes, so the majority of dynasties will be on the young and old or disabled tax exemption battle; Third, young and old or disabled the relief system. In ancient China, for young and old or disabled relief showing the diversity of ways, in particular in young and old or disabled to grant necessities, law enforcement close relatives, young and old or disabled dependents as well as set up a special agency adoptions young and old or disabled helpless person. The fourth part is the ancient Chinese young and old or disabled legal system evaluation. Including positive significance and limitations of today's society revelation three aspects. Details are as follows: First, the ancient Chinese young and old or disabled the positive significance of the legal system. Include attention to humanity, is conducive to crime prevention and the rehabilitation of offenders, so that young and old or disabled to get some protection in their daily lives and help maintain social stability; two young and old or disabled is an ancient Chinese legal system limitations. Including the ability of young and old or disabled rights subject to certain restrictions, young and old or disabled independent personality missing, young and old or disabled interests in real life are often not protected; three ancient Chinese legal system for young and old or disabled revelation in today's society . \By the author of ages young and old or disabled and analysis of the legal system sort out the following conclusions: young and old or disabled ancient Chinese legal system, including ideological origins Qin \Chinese ancient naive sense ideas. Ancient Chinese young and old or disabled legal system has experienced sprout, develop, mature and well four stages. The main contents include the young and old or disabled crime forgiveness system, young and old or disabled labor tax relief system, young and old or disabled three aspects of the relief system. Though young and old or disabled ancient Chinese legal system also has some limitations, however, we can not deny the ancient Chinese young and old or disabled the positive significance of the legal system, it is for young and old scrap our current security system disease development and improvement still has an important inspiration and reference.

On the Legal System of Old Young and Disabled Person of Ancient China

Abstract

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