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The Study on Clan Punishment During Pre-Qin and Han Dynasties

Author: JiaoYanHui
Tutor: ZengDaiWei
School: Southwest University of Political Science
Course: Legal History
Keywords: Pre - Qin Family punishment Origins System Reason Function
CLC: D929
Type: Master's thesis
Year: 2011
Downloads: 62
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Abstract

Implicate sitting of the the Chinese Ancient prevalent family system, a guilty implicate relatives, this system is continuing a long and profound impact. Serious study of family punishment system to help us further understand the process of the formation of the Chinese legal system, to grasp the essential characteristics of the ancient authoritarian regime under legal, the clear specific design of the structure of the legal system and actual operating conditions as well as interactive relationship with other legal systems reveals support political and social structure and culture of ancient legal mechanisms gene, which enrich our understanding of China and France-based understanding of the cognitive. As the era of the founding stage of the ancient law of the Pre - Qin Chinese family punishment system is the most important development in the history of the origin, evolution, and gradually become the custom period family punishment but in-depth interpretation of historical change, institutional evolution and its relationship with the ancient Chinese society dialectic excellent research sight to explore important proposition in the field of legal history has an important theoretical value and significance. But due to multiple reasons, academic research on this important issue of the Pre - Qin family punishment has not been in-depth, many problems either ambiguous or unresolved. In view of this, the author, on the basis of the reference and summary of previous studies, trying to do a careful combing and discussion of the Pre - Qin Dynasty family punishment, hoping to be able to contribute to the interpretation of ancient Chinese legal system a humble. The main discussion of this paper is divided into three parts. The first part of the Pre - Qin family punishment Origins. Aims to panoramic picture from the ancient to the historical stage in the Late Han ethnic criminal origins, development and change, as well as to the stereotypes of the historical process. In this section, I use a large number of historical data and evidence, the family punishment from the point of view of the Warring States period, scholars have long advocated questioned, pointed out that the ethnic origin of the punishment should be traced back to ancient times, tribal campaign period. In addition, the author also made the family punishment earlier undergone three major changes in the Pre - Qin course of development of a new point of view, and standard of the Qin and Han dynasties, grading the family punishment system and Empress, Emperor Wen entirely new reading of the restructuring of the family punishment. The second part of the exam, the Pre - Qin family punishment system to clarify a series of basic questions about family punishment. First of all, start from the family punishment system body angle, focused on the Pre - Qin family punishment by \principles. Second, the relationship from the the family punishment and the legal system level analysis, described in detail the family punishment Concealment principle, the shift between the flow punishment system, complement each other, in close coordination to jointly safeguard the dialectical relationship of the feudal ruling order. The third part is the Pre - Qin family punishment Prosperity and functional test. Any legal system are not isolated cultural phenomenon, the author used the concept of the overall cultural perspective from the social structure, the four levels of traditional culture, political system, the legal basis for all-round analysis of the rise of historical and cultural connotation of the Pre - Qin family punishment. At the same time, the author through the analysis of the social function of the family punishment, for the first time Secret \Finally, taking into account the reality clear that the context of modern society on the family punishment as well as hidden Subsequent legal culture, we should take the right attitude.

The Study on Clan Punishment During Pre-Qin and Han Dynasties

Abstract

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