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Song that basic problem

Author: LiZuoPing
Tutor: LvZhiXing
School: Southwest University of Political Science
Course: Legal History
Keywords: Song Ling Historical origins Content Nature
CLC: D929
Type: Master's thesis
Year: 2008
Downloads: 132
Quote: 1
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Abstract


Song order as a legal form of the Song Dynasty, its unique position and role. However very few Song make a systematic study. Song that basic problem, in order to make more accurate and complete knowledge and understanding of the Song Order and its status and role in the legal system of the Song dynasty, to further expand the field of study of the legal history of the Song dynasty, change the current legal history of the Song Dynasty order Neglect in the status quo, to help sort out the various legal form in Song, a more comprehensive understanding of the overall situation of the legal system in the Song Dynasty, the legal history of the Song Dynasty more in line with the actual history of the Song Dynasty. Song under the order is very extensive, involving the Song Dynasty, the country's political, economic, cultural and social life in all aspects, and thus fully detailed studies and discusses the contents of the Song to make the system and its development and changes in the Song Dynasty, far beyond the ability of my knowledge, nor is inclusive of a master's thesis. Therefore, only select some of the basic problems of the Song Order to study in order to make our macro complete awareness and understanding of the status and role of Song Order in the Song Dynasty in the legal construction, heavy-law change the current Chinese legal history research light order, order and light weight Tang Song to make the status quo, and thus more comprehensive understanding of the overall situation of the legal system in the Song Dynasty. This introduction, body and conclusion. In the introduction, the author of the order Research made a rough indication. Pointed out the relevant research and a basic understanding of the Song Order, showing Song so that is the study of the history of the legal profession relatively weak link for the entire legal history profession, is also a major shortcoming. To change the current situation, to contribute to a comprehensive understanding of the legal system in the Song Dynasty. Song order is an important stage in the evolution of the history of the Song Dynasty in the legal system a very important legal form, so its obvious value. The first part discusses the order history, Song Ling's amendments and table of contents structure. Development and changes according to the order, Song order was Song ago so the summary of the historical development. Specifically, as a legal form of order, before the Song Dynasty has undergone three stages of development of the Han, Wei, Jin, Sui and Tang. It can be seen that the order is evolving to adapt to changing times, Song Ling is no exception. In the Song Dynasty, Song Order be amended in the implementation process, including Song make content editing, Compilation Style amendments, making the final out of the shackles of the Tang Ling-style, has its own unique form. The second part of the text discussed in-depth and detailed the contents of the Song Order pointed out that the Song Order contains many legal department in the modern sense. Discussed from three aspects: Song to make a concrete manifestation of the administrative, civil litigation. Focuses on the, Song Ling administrative institutional taken a series of measures, such as ensuring the emperor supreme position system measures to safeguard the provisions of the hierarchy, officials management system, public service, and so on a series of administrative management system, Song Dynasty both a patriarchal hierarchy society is a national of a complete legal system, the Song Order provides the basic legal framework for the existence and development of the Tang Dynasty. In addition to the relevant provisions of the household registration, taxes and corvee. Second, in the civil law, the provisions of the basic aspects of the market order, divorce system and Prohibiting system involved in civil life; provisions in the criminal proceedings, the principle of conviction, the judge responsibilities and the management of prisoners, etc., for the criminal justice procedural legal protection. The third part of the text is the deepening part, focused on the question of the nature of the Song Order. In Song Order with Don Order exposition of the relationship, we know that the Song Order inherited and developed the Tang Order, in terms of content, or the compilation style has been changed, but nature has not changed. Song Order in the course contains a lot of the equivalent of the modern administrative law, but also contains many equivalent to the norms of modern civil law, procedural law, and thus attributed to the nature of the Song Order Administrative Law (Regulation) seen from the second part of the prisoners of view sweeping logic error. By the issue of the nature of the Song Order history of academic study, and the Song Order related concepts such as law, layout, style, Tang order to compare the obtained Song of non-criminal the institutional legal norms, the legal system in the Song Dynasty in the trunk position to clear the Song Order in the legal system of the Song dynasty. Based on the discussion, in the epilogue Song make a proper evaluation. Order condition for a long time heavy-law light, I clearly pointed out in the Song Dynasty in the legal system, in addition to law, an important legal department is to make, plays an important role in the social life of the Song Dynasty. Therefore, we should abandon the stereotypes, give the song so that more attention and thus more comprehensive understanding of the overall situation of the legal history, the entire legal history more in line with the actual history!

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CLC: > Political, legal > Legal > Chinese law > Chinese Legal System
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