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中国古代史
西汉刑法观念之分析
Based on the following five aspects such as, the traditional factors, trend of though, fimction of law, system of law and law itself, this paper discusses the idea of law in Han Dynasty. In order to fit the need of the operation of political system, also to meet the need of safeguarding the traditionaI social order, Li and Law were further united by the promotion of Confucian scholars in Han Dynasty. Li influences the existence of law not only in spiritual essence but also in detailed constitution. Accordingly, law plays an important role in consolidaing the society on the higher level with the combination of punishment and instruction and the unification of legislation and comparative flexibilty ofjudicature. However, the law enlnyes its value rationality at the cost of sacrificing its formality rationality, which is the inevitable result of the evolution of the idea of law in Han Dynasty.
硕士论文
《陕西师范大学》 2000年硕士论文
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