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Ding Confucius punishment against the constitutional implications of casting

<div style=\536 and 513 BC, the place of great significance in the history of Chinese law are two events: punishment book cast Zheng Zi Chan, Jin Ding cast punishment, which is issued written criminal law.

statute by the European tradition of the people today, certainly feel that the law is written the history of enacting a major step forward. However, when some wise people have this severe criticism. Zheng Shu Xiang Jin's sub-sentence letter criticized the production cast:

past kings of procedure to the system, the provision is not punishment, fear of a fight the people heart. I still can not cut defense, and the actual occurrence of the meaning of leisure, correction of the ceremony, keep the letter to, on instructions of the kernel, the system for the Lu-bit, to persuade them from, strictly off the penalty to Viagra of its sex. Fear it did not have, so instruct them with loyalty, Song of the line, so to, and, the threshold of the King, to hand the strong breaking of the gang, still seeking sage on top, clear grasp of the officer, the faithful long charity division, the public reason that can either make too, but not students bring disaster. People known to have the provision, no bogey at the last. And a dispute heart, to sign the book, Jiaoxing order to become, can also Eph. Carry on ... ... people know that the dispute will be abandoned ceremony and sign the book,[link widoczny dla zalogowanych], the end cone knife will do indisputable. Feng Zi prison chaos, corruption in parallel, the end of the world child, Zhou defeated Down? (\Tang Shu Jin will keep the husband suffered his testimonies, and the latitude and longitude of its people, Bureaucrats in order to keep the order, the public is able to respect its expensive, you are able to keep its industry. Equal status is not guilt, but also the so-called degrees. Wengong rank of the officer is for the executive, as is House of the law, that the hegemon. This is the degree of abandoned also, and for the punishment Ding, China in Ding men, and how honorable? Keep any of your industry? High or low disorder, why for the country? Ju Fu Xuan Son of punishment, the search also Yi, Jin Rebellion system also,[link widoczny dla zalogowanych], if the how the law?

book on national casting criminal, criminal tripod really mean something, Confucius, what exactly is the meaning of criticism, scholars controversial. (Yu Rong-Gen can be found in a review, see the \Remove some of the comments with a strong ideological, the usually widespread development from a legal point of view of appreciation for the efforts of this Code, such as the Book of the sub-sentence book production cast as \He cited the Maine, \, p. 50).

accordance with the general opinion, such as culture can make people know the code and behavior, thereby increasing legal certainty. However, my friend Bruno crisis boat in a commentary. Leoni's \But the fact By contrast, because of legislative action this way, flip-flop to become a common phenomenon. The law effectively meet people's expectations that, if done legally when you get up, sleep is illegal to do the same thing, we talk about legal certainty? Lack of long-term certainty is one of the shortcomings of legislation of the law. Confucius \constant. In fact, setting aside the time factor,[link widoczny dla zalogowanych], can not say that because of its recourse to statutory text and more advantages. Complex world, no descriptions are not exhausted all of his. The real world,[link widoczny dla zalogowanych], many individuals is a balance in the interaction with the individual instead of group decision making itself is improper. Legislation Law \Therefore, the law is and only is the premise of maintaining the independence of the judiciary, each person has the opportunity to involvement which, by jurists and judges in the one case found something rather than sitting there by the gang drawn to the wall of abstract principles fiction. Si Cheng Zai

statement. This is or can be cast as a punishment for Ding Confucius opposed to a reason, though looks a bit over-interpretation of the horse. Yu Rong

the fundamental conclusion that man, \Xuan Son is also the so-called non-good, non-sage system of law that it not be true knowledge '\form itself.

this is going to move another explanation. In my opinion, wise as Master, the cast for this predicament criminal Ding assert such a strong tone, its own profound meaning Yan.

and nobility of classical jurists of classical republican

China (Qin previously in this article refers to) such as the week's judicial system, common opinion that, \provisions, but by the judges based on the principle of ritual to determine the fertilization as a guide to determine the appropriate approach, including the execution of sentences \. In other words, the implementation is an unwritten system of case law.

Professor Wu in his new book \Anglo-American common law is quite similar:

Western Zhou Dynasty, Spring and Autumn Period of the legal style of the \At that time the \Legal norms at the time mainly as a specific case, they or the possession of the palace, or the casting of the ritual, to protest martial law and immortality. And \Judges in adjudicating cases, the jurisprudence from the previous years, the story to find a legal basis, if no custom or accepted from the concept of etiquette to look for. This way of thinking is very similar to the British legal system. (Wushu Chen, Confucian legal tradition, Law Press, 2003, p. 100-101 pages)

form from a legal perspective, in the Shang, Zhou, there is no written code. So-called \Case also known as \According to Wushu Chen's paper, \light of the specific case, to make decisions, which resulted in jurisprudence. The case was the trial of the force of law. \page) or \In addition, the Western Zhou Dynasty, when, cast in the ritual is often the case being placed in the temple of nobility. In short, the method embodied in Cheng Li, the not reflected in the written codes. - By the way, the \Of course, the case law does not exclude a single statute, in classical Chinese, there are a large number of statutes, or even no lack of written \However, the main source is the ritual law and jurisprudence.

some scholars have concluded that according to archaeological finds, has been to the state of Chu during the Warring States Period, there are still \the \: Warring States law and philosophy, \

and explain the case, discovery, and applicable law, the legal family is hereditary.

\Fan \In addition,[link widoczny dla zalogowanych], the \Zhou is still Sikou, and Taishi is also involved in judicial affairs, \

all of these officials, are hereditary. There are two families as the Western Zhou Yang Kuan Guanjue pursued a model of hereditary, and they just and legal matters, that is, Guo Jishi and micro-generation for the division's history for generations (see Shizhu \Society, 200
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