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The Separating of (Shi) Officials’ Identity and Rights

Author: MaLongPing
Tutor: CaoMing
School: Northwest Normal University
Course: Legal Theory
Keywords: Shi (officials) Bureaucratic system Stratum Rights Privilege
CLC: D909.2
Type: Master's thesis
Year: 2010
Downloads: 77
Quote: 0
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Abstract


The original meaning of Chinese character Shi is filling an office. It referred to intellectual people who got official positions by passing Imperial Examination in Song Dynasty. With the full development of Imperial Examination System in Song Dynasty, the Shi social stratum became matured in this period. It was also a symbol of systematic development of ancient official management system. As an insurmountable figure of bureaucratic study, Wei Bo wrote in his book“Chinese Religion”that China gradually developed a strict bureaucratic system in which anyone can have the chance to get promoted according to the achievements and the imperial favor he achieved following the maturity of the Imperial Examination System and the system of official appointment and assumption.Official privilege system in Song Dynasty was built in Northern and Southern Song Dynasties, such a particular ergo Chen Yinque once said“The culture of Chinese culture was experienced thousands years of evolution, excellent in Song Dynasty .”Even some overseas scholars take Song Dynasty as the beginning of Early Modern Chinese Society, specifically to the legal culture or civilization, that is Song Dynasty adopted Tang Dynasty’s system, but even better than Tang Dynasty, and the legal system of Song Dynasty enrich the Chinese legal system, some of the content highlights reason and wisdom of our traditional legal system . So study the history, evolution process, system construction and social impacts, and explore its success or failure of the cause of Song Dynasty’s official privilege system of great academic value and practical significance.In Chinese Language bureaucracy also means officials. Mentioned in“Shuo Wen”, it referred to subordinate officials. Since Wei Bo put forward the modern rational bureaucratic system in 19th C. there has been endless studies and discussions on it. The theory represented by the rational bureaucratic system gave a deep evaluation to the pre-modern bureaucratic system and an ideal description of the future bureaucratic system, meanwhile it put forward the rational bureaucratic system.In the middle of 20th C., European and American scholars criticized Wei Bo’s modern bureaucratic system. At the same time, they put forward new public management system. As the time going, the essence of new public management returned to modern rational bureaucracy. Just as Gaye Peters said“To those countries in the process of transitional or development period, while pursuing the maximum of government profits, a predictable, honest and Wei Bo-stylistic bureaucratic government should be established .Before getting the theory that is beyond the modern rational bureaucratic system, we should take an innovative attitude rather than a revolutionary one towards modern bureaucracy.From the legitimate aspect of modern rational bureaucratic system and the background of official privilege rights in Song Dynasty, the author of this these is trying to get some instructive insights of the civil servant management law by analyzing the process of the separation of official stratum and their rights.

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