Jurisprudence, Legal History
http://www .csscipaper.com/D410
2005 年 06
Suit in Western Zhou Dynasty
JIANG Tie-chu
early iron Jiang,
mbt shoes ireland, Zhejiang Institute of Finance
Law Hospital, Hangzhou 310012
early iron Chiang,
p90x workout schedule, male, Ph.D., Zhejiang Institute of Finance Law lecturer, mainly in Chinese Legal Studies.
Western Zhou Dynasty civil and criminal proceedings have been there the separation is
legal historians a very popular point of view, this view was based primarily on Hearing the different provisions, plus lu did a However,
ghd planchas, due to litigation and criminal proceedings there is a difference between. As a result, according to the present historical data, yet can not prove that the Western Zhou Dynasty in the trial of civil cases and criminal cases are qualitatively different procedures, which the Western Zhou period, there are civil and criminal proceedings have been separate claims can not be established.
It is a popular view in juri-history circle that the civil suits and criminal suits were separated in Western Zhou Dynasty, which went upon the related contents in Zhouli.However the contents of lawsuits couldn't be corroborated by the other ancient book in Pre-Qin Dynasty; in addition the posy reflecting the judicial condition in Western Zhou Dynasty does not represent the difference between civil suits and criminal suits.Consequently, according to the historical data at present, the separation between civil suits and criminal suits could not be testified.
2004-09-13
civil / criminal /
CLC: D914 Document code: A Article ID :1004-186901-0084-07
discourse on China's legal system History, French historians There is a popular point of view, immediate-early Western Zhou Dynasty, civil and criminal proceedings have a preliminary classification. Professor Zhang Jinfan said: In the proceedings on the criminal and civil proceedings have a preliminary distinction. 'The people of First Instance In addition, the support of this view also Professor Zheng Ding, Yang Yifan researcher.
this mainstream view, I agree, has expressed a different understanding,
tory burch outlet, but it was limited because of Post subject failed to fully demonstrate their views. It is proposed to specifically explore the author of this question, to question to Fong.
above each have been identified in the Western Zhou period, the separation of civil and criminal proceedings there are generally based on the recognition that Zhou This prison of First Instance of the other can be understood as the other criminal and civil proceedings. Some scholars have also advocated the Western Zhou Dynasty Bronze literature also able to show that this period of judicial practice the difference between civil and criminal proceedings. Based on this logic, we believe that the Western Zhou Dynasty to identify the criminal and civil proceedings
mode has been somewhat different, there are three assumptions must be proved: First, period
society a true reflection of the situation; second, Zheng Xuan's interpretation of First Instance on the prison in line with 'Zhou' intention; Third, the concept of First Instance of the prison with us today to understand the concept of criminal and civil cases are basically the same and judicial practice regarding prison litigation proceedings have indeed there are obvious differences. The above three points, are indispensable. To this end, I will examine the books and the Qin Dynasty Western Zhou Dynasty of judicial practice, take a look at these three assumptions can be confirmed.
one, The focus of debate focused mainly in two ways: First, Has a close relationship between the two.
with, more importantly, it is unknown before the Western Han Dynasty, Qin also never mentioned in the writings of the book. According to its original appearance time set out in the Western Han Dynasty emperor years, Lee Xian Wang received the offer, To the Western Han Dynasty, Liu Xiang, Liu Xin son finishing Royal stacks, re-discovered the book, and named Liu Xin that This view of the Eastern Han period, Zheng Xuan cases that But this view has not been universally recognized by scholars, and later scholars even believe that, Modern scholars believe that While on the
As for the If The question is, The research, Only in terms of sealing the area of the country, son of the land, side two hundred years; all men of the land side a hundred years. The number of countries according to the weekly letters, this area will be equal to China's current land area, and in fact confined to the area weekly now in the Central Plains region. These examples show that That being so, the
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