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On the Judicial Ethics of Tang Dynasty

Author: YuPeng
Tutor: XuBiao
School: Anhui University
Course: Legal History
Keywords: The judicial ethics of Tang Dynasty ideological foundation reflection of the system reference
CLC: D929
Type: Master's thesis
Year: 2010
Downloads: 146
Quote: 0
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Abstract

The judicial ethics has deep historical origins in our country. The judicial ethics of the ancient China formed in the Western Zhou Dynasty, its theoretical system formed in the Warring States Period, and established in the Han Dynasty, was completed in the Tang Dynasty, gradually declined after the Song and Ming, and collapsed in the modern times. The ideology and system of judicial ethics in the Chinese traditional justice provided a cultural background, also provided a spiritual and institutional resources for the construction of contemporary judicial ethics. Tang Dynasty is the heyday of Chinese feudal society, the politics and economy were prosperous, the feudal legal system tended to be completed, its judicial ethics’content and the maturity of the relevant system played a positive role for the development of the Tang Dynasty, and it was a very important factor in the formation of the prosperous society of Tang Dynasty. In contemporary China, the judicial ethics also is a important safeguard to achieve the goal of the rule of law in the process of building socialist country ruled by law.The basic structure of this paper is divided into five parts, carried on the analysis on the ideological and cultural foundation and the content system of judicial ethics of Tang Dynasty, and carried on the analysis of pros and cons based on its evaluation. Through these discussion and evaluation, it proposed that some profit for constructing the contemporary judicial ethics. By understanding the past, we can provide a reference for today. Through the depth study of judicial ethics of Tang Dynasty, it is to know the tradition reasonably, to better promote the construction of contemporary judicial ethics. Full has about three thousand words.The introduction part, analyzed on the present research condition in academic world about judicial ethics, and pointed out simply several research deficiencies of judicial ethics of Tang Dynasty in the current academic world, and expounded the research angle and purpose of this paper.The first part, discussed the ideological and cultural foundation of judicial ethics of Tang Dynasty, pointed out that the Confucian thought as the core of Chinese traditional ideas of justice to the judicial ethics of Tang Dynasty influence, and it made specifically for the ideology of the people as a fundamental, morality based with penalties as auxiliary, attention to management officials, and harmony without litigation, these thoughts constituted the ideological and cultural foundation of the judicial ethics of Tang Dynasty.The second part, discussed the main content of the judicial ethics of Tang Dynasty and its reflection in the legal system. Firstly, the analysis of the main content of the judicial ethics of Tang Dynasty, which mainly includes the maintenance three cardinal guides and the five constant virtues, gong the good justice and humanity, to be honest and virtuous, according to the legal system crime, fair and impartial and so on; secondly, analyzed that judicial ethics’reflection in the relevant legal system of the Tang Dynasty, respectively in the qualification of judicial officials, in the practicing behavior as well as outside practitioners behavior, its ethical requirements mainly reflected appoints, in the election, assessment as well as monitoring and punishment system of the Tang Dynasty official.The third part, evaluated the judicial ethics of Tang Dynasty, and made a few reference. Firstly, carried on the historical evaluation to the cultural basis and the content system of the judicial ethics of Tang Dynasty, and analyzed the pros and cons of the thought and content system; next, based on the analysis of pros and cons, made a few reference for the construction of contemporary judicial ethics of China.The conclusion part, pointed out the necessity and urgency of building socialism judicial ethics in current, and summarized the significance about the research on the judicial ethics of Tang Dynasty to the construction of judicial ethics and the judicial reform in our country.

On the Judicial Ethics of Tang Dynasty

Abstract

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