清代律例的沖突與整合.pdf

1、 Abstract China's last feudal Qing Dynasty, after 2000 years of feudal rule of law of succession and development, has reached a considerable degree of completeness, in particular the history of China, the last a feud

2、al code “Qing Law and case“, sets the feudal dynasties of the Law It is the most representative legislature in the Qing Dynasty the results. Great clear laws, statutes and precedents “ go through the revision of four dy

3、nasties of Shuizhi, Kang Xi, Yong Zheng, Qianlong, take criminal law as the core, all France shut the feudal code of the body, it is their main characteristics that the laws statutes and precedents run side by side. Amon

4、g them, “l(fā)aw“ in its legitimacy, stability and durability in the Code, both occupy the central position of supremacy and was identified as the “ancestor into the constitution,“ no change; “cases“ is as the “l(fā)aw“ in fill

5、the gaps on a regular basis in order to adapt to social changes in the compilation, highly targeted, easy and flexible application of justice. The pattern that the law, cases walked abreast was the last shape of Chinese

6、law's department in Qing Dynasty, reflected cultural thoughtcast and habit of traditional law of Chinese nation, it is the important achievement of traditional legal culture in ancient times of China. So, this articl

7、e from the perspective of the history of China's legal system, to the Qing code, the law school books, judicial archives rich in historical and modern jurists to study the basis of research results, combined with a s

8、pecific social and historical background of the Qing Dynasty, using analytical methods of practice, historical analytical methods, value analysis, summarized analysis methods of the Qing law, cases to undertake a compreh

9、ensive research and analysis in order to “l(fā)aw“ “cases“ in the course of judicial practice, the dynamic point of view to analyze both running for the law in the Qing Dynasty the different status and role, and thus the “l(fā)a