浅论春秋时期的刑法
发布时间：2019-02-21 19:37
【摘要】：本文以马克思主义的有关理论为指导,以《左传》、《国语》、《周礼》等文献中的大量例证为基本材料,采用客观公正的态度,把春秋时期的刑法同春秋所处的特殊时代背景相结合,并同当时的政治经济文化等社会情况联系起来进行考查,分析春秋刑法的内容、特点、原则等,认为在春秋以前已经存在成文法,只是法在官府,没有正式的公布,春秋时期,通过郑“铸刑书”、晋“铸刑鼎”,成文法被公布于众。 本文按犯罪名称、刑罚种类、刑罚特点、刑罚原则等刑法的组成部分进行分章讨论,还简单说明了春秋时起诉和审判的有关问题。最后,专门分析了刑法在春秋时期的重要变化。 本文在吸收先秦史、刑法史、法制史等学科领域相关成果的基础之上,对刑是否上大夫和成文法的产生等焦点问题,提出了不同的看法。
[Abstract]:This paper, guided by the relevant Marxist theories, takes a large number of examples in the literature such as Zuo Zhuan, Guoyu and Zhou Li as the basic materials, and adopts an objective and impartial attitude. Combining the criminal law of the Spring and Autumn period with the background of the special era of the Spring and Autumn period, and connecting it with the political, economic, cultural and other social conditions at that time, and analyzing the contents, characteristics, principles, etc., of the Criminal Law of the Spring and Autumn period, In the Spring and Autumn period, there was written law, only the law was in the government, and there was no official publication. During the Spring and Autumn period, the statute law was made public through Zheng's "casting criminal book" and Jin "casting criminal tripod". This paper discusses the components of criminal law, such as the name of crime, the type of penalty, the characteristics of penalty, the principle of penalty and so on. It also briefly explains the problems related to prosecution and trial in the Spring and Autumn period. At last, it analyzes the important changes of criminal law in the Spring and Autumn period. On the basis of absorbing the relative achievements of pre-Qin history, criminal law history, legal system history and so on, this paper puts forward different views on whether the punishment is a doctor or not and the emergence of statutory law.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：K225;D924
本文编号：2427828
[Abstract]:This paper, guided by the relevant Marxist theories, takes a large number of examples in the literature such as Zuo Zhuan, Guoyu and Zhou Li as the basic materials, and adopts an objective and impartial attitude. Combining the criminal law of the Spring and Autumn period with the background of the special era of the Spring and Autumn period, and connecting it with the political, economic, cultural and other social conditions at that time, and analyzing the contents, characteristics, principles, etc., of the Criminal Law of the Spring and Autumn period, In the Spring and Autumn period, there was written law, only the law was in the government, and there was no official publication. During the Spring and Autumn period, the statute law was made public through Zheng's "casting criminal book" and Jin "casting criminal tripod". This paper discusses the components of criminal law, such as the name of crime, the type of penalty, the characteristics of penalty, the principle of penalty and so on. It also briefly explains the problems related to prosecution and trial in the Spring and Autumn period. At last, it analyzes the important changes of criminal law in the Spring and Autumn period. On the basis of absorbing the relative achievements of pre-Qin history, criminal law history, legal system history and so on, this paper puts forward different views on whether the punishment is a doctor or not and the emergence of statutory law.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：K225;D924
【引证文献】
相关博士学位论文 前1条
1 宁全红;《左传》刑罚适用研究[D];西南政法大学;2007年
相关硕士学位论文 前1条
1 孙韬;略论魏晋南北朝“八议”制度[D];西南政法大学;2011年
，本文编号：2427828
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