Dissertation > Political, legal > Legal > Chinese law > Chinese Legal System

Research of Confucianism of Judiciary in the Beiwei Dynasty

Author ZhangZhongYi
Tutor LongDaXuan
School Southwest University of Political Science
Course Legal History
Keywords Northern Wei Judicial system The Confucianization Research
CLC D929
Type Master's thesis
Year 2011
Downloads 115
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Confucian of the judicial system is actually Confucianism gradually penetrated into the field of the judicial system, the transformation and domination of Justice, so that the judicial process to a qualitative change in Confucianism guided. Throughout Chinese legal history, including judicial system Confucianization including legal Confucianization is the main content of the pre-legal activities of China's feudal society, this activity began in the Han Wudi \Confucian Advocating for the \formation requirements change \Laws in Tang Dynasty \Overview of China's legal system Confucianization process, the comb method Confucianization results is not difficult to find the origin of the Sui and Tang's legal system as a legal Confucianization crystal Many were formed in the Northern Wei Dynasty, or on the legal system in the Northern Wei Dynasty transform it more suitable Confucian Gangchanglunli, which was the Sui and Tang dynasties inherit and carry forward the legal system. White as a minority Xianbei in the North Central Plains regime itself there is no state-of-the-art system advantages, nor grasp the Central Plains national conditions, the objective existence of the re-nomadic civilization and farming civilization conflict, the Northern Wei rulers in a hundred years time, not only to solve these problems, the maintenance of the stability of the regime, and innovation in many aspects of the legal system, has made a valuable contribution to the development and improvement of the Sui and Tang dynasties rule of law, which in itself shows that include of legal studies in the Northern Wei legal Confucianization including the Northern Wei value. The Chinese law Confucianization said began in the Wei, Jin, as in the Northern Wei, Northern Qi, Sui, Tang after become the orthodoxy of the Chinese legal the meantime implemented through a long-term and complex process of growth to the end of the brewing. 1 Qu with Zu the entire feudal society Confucianization macro perspective, describing the general situation of the Northern Wei the legal Confucianization the foundational importance, the objective also affirmed the value of the Northern Wei the legal Confucianization the authority. The legal system of the Northern Wei study also insufficient, in addition to the part of the General History of Chinese Legal History in Weijin volume of the Northern Wei Legal Research exposition, Mr. Deng Yiqi \of A legal Confucianization Northern Department study also been involved, and for the the Northern Wei judicial system Confucian studies, has not yet found that special writings in this field study. So I tried to start with the first part discusses the Northern Wei Dynasty Confucian before advancing the rule of law, especially the judicial system profile to find the basic condition of the minority regime preliminary judicial system; second part focuses on the Northern Wei Dynasty Confucian-oriented judicial system performance, probably from several major aspects of guiding ideas, jurisdiction system, litigation system, judicial system, torture system, penal system, prison system to detailed discussion of the impact of this period Confucianism of the judicial system, including the rule of law; Part III of the Northern Wei judicial system Confucian of assessment, to comment on the the the the Northern Wei judicial system Confucianization pioneering significance as well as its unique past and focus.

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