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On the Family in Ancient China and Its Influence on the Traditional Chinese Leagal Culture

Author: YangJinHua
Tutor: ChenDong；HuangJinLan
School: Xiamen University
Course: Legal Theory
Keywords: family co-construction of family and state power of parents
CLC: D909.2
Type: Master's thesis
Year: 2009
Downloads: 205
Quote: 1
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Abstract


In ancient China,the "family" is not just a blood unit,but a political organization. With the maturity of the feudal society,the political organization feature of "family" is increasing,its political function is gradually strengthening."Family" in Ancient China as the basic political organization of state,is the grass-roots of public authority, it not only can uphold the family’s survival and development,but also safeguard the country’s political rule.From the point of view,this thesis closely focuses on the nature of "family" as a political organization,to explore that the "family" in ancient China impacts on Chinese traditional legal culture.In addition to the introduction and conclusion,the main content of this thesis is divided into three chapters.ChapterⅠintroduc es that the "family" is the base of political structure in ancient China.This thesis launches its research from the feature of "family" as political power peripheral,to analysis the remarkable features about "family rules world" in ancient China.Small-scale peasant economy is the material basis,that makes the "family" to become of political power peripheral.The filial piety is the ethics foundation,that makes the "family" to become the grass-roots of political power.Finally this thesis will analysis the relationship of the "co-construction of family and state".ChapterⅡis from the point of the power of parents,to explore the political role that the "family" as a basic organization plays.In ancient China the rulers made the power of parents as the law fulcrum to safeguard the country,gave the parents various power,and as the continuous improvement of the feudal system,the political functions of "family" was strengthening.ChapterⅢdiscusses that the "family" with political organization feature influmces the leagal culture in ancient China.After scouring and baptisming of the long course of history,the "family" had laid a deep mark in the leagal culture,and finally accumulated the soil of the rule of law lacking individual sense,and formed the value about the compromise of Li and law and unique lawsuit culture in ancient China.This culture with its distinctive characteristics was one of the extremely important part of the culture in ancient China. The characteristic of this thesis is that I want to closely focuse on the political organization feature of the "family",analysis the feature of "family" as the base of political structure in ancient China.At the same time,to probe the power of parents in ancient China,as well as that the "family" influnced the leagal culture in ancient China.

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CLC: > Political, legal > Legal > Theory of law (Law) > History of law,legal history of ideas > China
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