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The Study on the Song Dynastys’ Scholar-officials’s View on the Public Law

Author: ChenDongLiang
Tutor: GuoDongXu
School: Hebei University
Course: History of Ancient China
Keywords: Song Dynasty Literati The concept of public law
CLC: K244
Type: Master's thesis
Year: 2009
Downloads: 68
Quote: 0
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Abstract


Pre-Qin public law refers to the laws of the country, it is opposed to all kinds of private. \In addition, the ancient law, there is another layer of meaning: equality, justice in the spirit of the law essential attribute, which are not lacking in modern legal theory advocated equality before the law, of legality of criminal culpability to adapt valuable legal thinking the prototype. As we all know, the ancient Chinese is a stress level the privileges and ethical Tsunatsune of the feudal society, public law concept of ancient Chinese scholars also inevitably be marked with the stigma of this historical form, which should be divided into two objective and impartial analysis. The Legalism of \Tube five auxiliary \The Legalists' concept of public-private opposition has been very sharp, the reaction slavery gradual rise of the collapse of the feudal private ownership transition wishes to private law concept of Tianxiaweigong conflict. The establishment of a public off private law thought to the national standard, the principle to method Shang Gongping law enforcement original situation the feudal dynasties are all valued and respected its special role in the country and bringing peace. Brought the beginning of the founding of great importance to the building of the legal system, issued the first Song Dynasty Code of Criminal Song \Emperor Taizong of Song Dynasty, Scholars various subjects cited the trial date, and statutes sparse volume ask the righteous, subsequent Shenzong Xiaozong, is to establish a model of the the feudal emperors Reform and usage. The doctor strata of Song Zhaoshi also deeply the importance of the law, Su said \Song Dynasty Scholars and Scholars in the Sui and Tang Dynasty longer than Poem and Fu Jing Yi, they pay more attention to the pursuit by the World Bank and WTO accession, Song Dynasty groups attitude towards law and rule by law the relationship between the world's showed a Department heart in the attitude of the world. Song Dynasty understanding of the law fair and equitable property quite close to the essence of law, on the basis of inheriting the previous generation of public law thought, the concept of public law of the Song Dynasty highlighted the performance of: the concept of public law; concept of fair law enforcement; the credibility of the concept of the concept of governance of the world total; method. Song Dynasty on the nature of the leading law further understanding of the law, which has a lot of public law ideas and views beyond the times and even today has its value, which we draw on the. Literati as participation, rule the world ruling class, their concept of public law \In judicial practice, when there is a denial of justice, the right Nongfa phenomenon, it is also the law is unfair.

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CLC: > History, geography > History of China > Feudal society ( 475 BC - AD 1840 ) > Sui and Tang period ( 581 ~ 1840 ) > Song : Northern Song Dynasty ( 960 ~ 1127 )
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