Restatement of bet365 betting tips History,It is the self-revolution and improvement of the discipline of bet365 betting tips history,It is based on full respect for previous academic achievements,Stick to what is right,Correction of wrong,Creating a new theory,Strive to be more comprehensive、Correctly explain the history of Chinese bet365 betting tips development。Why we need to retell the history of Chinese law?In short,Challenges from both scientific research and reality: one is newly unearthed、The large amount of newly discovered bet365 betting tips materials and the fruitful results of the compilation of handed down bet365 betting tips documents show that,There are serious flaws in previous bet365 betting tips history research,Many misunderstandings;Second, the traditional thinking model of bet365 betting tips history research no longer meets the needs of bet365 betting tips teaching and cultural construction。To explore the essence of traditional bet365 betting tips culture,Learn from and absorb the excellent elements of ancient bet365 betting tips systems to serve the construction of contemporary bet365 betting tips systems,Must further expand academic horizons,Improving research methods。
Revise idioms and standardize academic terms
Rich bet365 betting tips literature shows,Some long-standing important arguments supporting bet365 betting tips history need to be revised,The scientific nature of the concepts and academic terms used in bet365 betting tips history research also needs reflection。For example,The theories of "Confucianization of law", "focusing on punishment", "integration of all laws", "unification of judicial administration", "ancient bet365 betting tips science is bet365 betting tips science", "underdeveloped economic legislation in ancient times" and the "law system" of the Ming and Qing Dynasties、The nature of "Huidian" is "official history book" or "administrative code"、The theory of "no order" in the Ming Dynasty、The theory of "Regulations specifically refer to criminal laws and regulations" in the Qing Dynasty、The theory of “confirmed cases are judicial precedents” etc.,Some are just assumptions,Some are biased or flawed,Some require repeated arguments、Only by arguing can we judge whether it is established or not。How to view and accurately explain "customary law",How to scientifically explain the relationship between "ritual" and "law"、Changes in the status of laws, etc.,It also requires careful thinking and continued discussion。
Judging from published results,The use of bet365 betting tips terms is confusing,Big ambiguity。For example, "bet365 betting tips System", "bet365 betting tips Style", "Confucianism", "Legalism", "Rule of Man", "Rule of Law", "Rule of Rites", "Government of Morality", "Etiquette", "Economic Law", "Case Law", "Regulations", "Case" "Customary law", "civilian law", etc.,Some concepts are confusing,Everyone speaks his own words;Some are borrowing modern bet365 betting tips terms to express ancient concepts,Connotation and denotation are different;Some use bet365 betting tips terms and academic opinions from early ancient times,Inference、Describe the bet365 betting tips system in the middle and late stages,While ignoring the development and changes of bet365 betting tips terms and their connotations in Chinese history;Some have not read basic historical materials,Hasty conclusions based on imagination。Therefore,Correctly expound the basic views of bet365 betting tips history,It is a major issue related to whether the discipline of bet365 betting tips history can absorb the essence of ancient traditional bet365 betting tips culture。
Broaden academic horizons
So far,The academic circles’ discussion of Chinese bet365 betting tips history is far from objective、Comprehensively reflect the appearance of the ancient bet365 betting tips system,Many important areas have not yet been explored in depth,Some things have not been covered yet。For example,Food and goods law is an important part of the ancient Chinese bet365 betting tips system,In recent years, the compilation of food bet365 betting tips materials before the Yuan Dynasty and the preliminary results of the compilation of food laws in the Ming and Qing Dynasties have been proved,The total amount of ancient food laws regardless of legislation,Still important in national governance,No less than criminal law。The word "foodie",It is the ancient economy、Finance、General term for finance。The connotation of the ancient "food and goods law" is relatively broad,Economy、Finance、Finance、Features of the combination of administrative laws,Not to mention that using "economic law" to express "food and goods law" is not an accurate concept,In terms of research status,The discussion in this field has just begun。The compilation experience of ancient food and goods laws and food and goods bet365 betting tips thoughts,Many can be used as contemporary economy、Finance、Reference to financial legislation,We need to dig carefully、Research and Summary。
Another example,In the ancient Chinese bet365 betting tips system,Existing laws promulgated by the imperial court,There are also a large number of local laws and decrees issued by local governments,Together they constitute a complete bet365 betting tips system。Local laws are the implementation rules of the country’s basic laws,A huge number。Local bet365 betting tips documents contain rich experience in implementing national laws at the grassroots level and local people’s autonomy,It is of great reference value for the construction of contemporary rule of law,And so far,Research in this area is still extremely weak,Requires special attention。
Break through the constraints of stereotypes
Bound by the idea of “prioritizing punishment”,Previous tutorials and research results on the history of Chinese bet365 betting tips thought,Mostly limited to the study of criminal law thoughts。In terms of research depth,The research on early ancient bet365 betting tips thought is relatively good,After the Han Dynasty, the Confucianism from Pre-Qin to Han Dynasty was basically applied.、The basic point of view of Legalism is “to follow the gourd and draw the scoop”,Making people mistakenly believe that bet365 betting tips thought did not develop much after Han Dynasty,This is not consistent with historical reality。The real situation is,Diversity of bet365 betting tips thought in ancient China、Rich、Broad field。Pluralistic bet365 betting tips thoughts have their own characteristics,All generations have paid attention、A doctrine or elucidated proposition with universal guiding significance,Such as "ritual and law", "morality and punishment", "rule of man and rule of law", etc.,There are also bet365 betting tips thoughts related to various types of laws,Ruzheng bet365 betting tips Thought、Food goods bet365 betting tips thought、Military and Political bet365 betting tips Thought、Civil bet365 betting tips thought、Thoughts on Supervision Law and Judicial Thoughts, etc.,There are also bet365 betting tips doctrines with the characteristics of the times,Like the theory of "confirmed case" after the Tang Dynasty、The theory of “example relationship”、The theory of “separation of administrative sanctions and penalties”,As well as theories discussing legislative techniques, etc.。In Chinese history,Any major bet365 betting tips changes and law enactments,They are all guided by bet365 betting tips thought。The bet365 betting tips system continues to improve,bet365 betting tips thoughts are also constantly enriched,Even the same doctrine is developing and changing,Do not simply apply the bet365 betting tips thoughts of previous generations to describe the bet365 betting tips thoughts of future generations。
Another important reason why previous research on the history of Chinese bet365 betting tips thought has stagnated for a long time,Closely related to the influence of the "Confucianization of Chinese law" theory。This conclusion leads people to limit their exploration of bet365 betting tips thought from Confucian theory。Not to mention the Han Dynasty,The connotations of "Confucianism" and "Legalism" are compared with those of Pre-Qin Confucianism、Legalism has undergone great changes,Orthodox bet365 betting tips thought was formed through mutual integration。Just take the pre-Qin Confucians、Observation on the two bet365 betting tips theories,Not all laws in ancient China were “Confucianized”。Objectively speaking,Pre-Qin Confucianism、The thoughts of the two bet365 betting tips families had a huge influence on ancient law,Confucianism versus official administration、Ritual、Criminal、The influence of civil law dominates,Danmo、name、Yin Yang、道、Farm、Bing、Medical、Hundreds of miscellaneous schools of thought,It also affects the bet365 betting tips system and bet365 betting tips culture to varying degrees。For example,Household laws are also deeply influenced by peasant ideas,Military laws are greatly influenced by military thinking,Forensic literature is more influenced by doctors,Simply using “Confucianism” to express it seems too absolute。
Full respect for history
China’s bet365 betting tips system after Qin and Han Dynasties,In terms of bet365 betting tips effect level,By Supreme Code、Three levels of basic laws and flexible laws,Similar to the hierarchical structure of the contemporary Chinese bet365 betting tips system。The experience of continuously improving the bet365 betting tips system and bet365 betting tips codification in ancient times,It has practical reference significance for improving contemporary China’s bet365 betting tips system with the Constitution as the core。There is considerable controversy in academic circles about the ancient Chinese bet365 betting tips system,There are generally five different views,That is, the "system of laws and orders" theory、“Etiquette system” theory、“Six Dharma System” Theory、The theory of "system of laws and regulations" and the theory of "system of classics" in Ming and Qing Dynasties。Different understandings of the connotation of "bet365 betting tips system",Different angles of analysis,How much information is available to examine ancient legislative possession,Is the main cause of cognitive differences。
According to current bet365 betting tips theory,“Ancient Chinese bet365 betting tips system” refers to all the bet365 betting tips norms of various dynasties in ancient China,Systematized based on the combination of different bet365 betting tips forms and the legislative results expressed、A unified whole with organic connections。To correctly express the "ancient Chinese bet365 betting tips system",Special attention must be paid to the following three points。One,“bet365 betting tips system” and “Chinese bet365 betting tips system” are two concepts that are both related and different,The two should be strictly distinguished,Not to be confused。“Chinese bet365 betting tips system” is proposed in the sense of comparison with world law,The content includes the historical tradition of law and the unique bet365 betting tips system、bet365 betting tips Thought、bet365 betting tips culture, etc.,The area involves ancient China and affected East Asia、Countries in Southeast Asia。“bet365 betting tips system” refers to the form of legislation、Proposed from the perspective of classification and overall bet365 betting tips structure。Part 2,Describes the bet365 betting tips system of a certain dynasty or a certain historical period,The content should cover all bet365 betting tips regulations。Third,The sprout of ancient Chinese bet365 betting tips system、From formation to continuous improvement,Going through a long development process,The main bet365 betting tips forms also changed after the Song Dynasty,The formulation of the bet365 betting tips system should fully reflect these changes,And reflect the organic connection between various bet365 betting tips forms and their legislative results、Project relationship。Anyway,Expression of the ancient Chinese bet365 betting tips system,History should be fully respected,Try to comply with legislative reality。
Focus on judicial literature research
There are numerous ancient judicial documents extant in the world,As far as its content is concerned,There are mainly two types: one is specification、Documents that guide prison litigation activities and summarize judicial experience,We call it judicial guidance documents;The second is judgments and case collections compiled by ancients。Previous research,Little reference to judicial guide documents,For judgment case documents,There is another serious case、Tendency to give lenient sentences,This weakens the scientific nature of the research results to a certain extent,Therefore,The two must be combined。
In the study of ancient judicial systems,There are also some traditional views that need to be re-understood。For example,People usually summarize the "unity of justice and administration" as a characteristic of the ancient bet365 betting tips system。From the perspective of the responsibilities of ancient judicial institutions,Sui、Tang、Song、Ming、There is a Ministry of Punishment in the central government of the Qing Dynasty、Dali Temple,The central government of the Yuan Dynasty had institutions such as the Ministry of Punishment,Specialized in judicial trials and reviews,It is not so accurate to call it "unity of judicial administration"。Another example,Many writings refer to "confirmed cases" as "judicial precedents",Consult the existing literature on judgments and cases,The word "case",The ancients usually referred to completed official documents and files,Also refers to the cases decided in litigation or the administration handled、Precedents in economic matters。In ancient times, judicial cases were mainly criminal cases,More administrative cases are completed,It is undoubtedly inappropriate to define the concept of "confirmed case" as "judicial precedent"。
(The author is a member of the Honorary Division of the Chinese Academy of Social Sciences、Researcher at the Institute of Law)
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