2011Tianjin Legal ScienceRequires access

The Reason of the Ancient China's Jurisprudence

DU Wen-ya

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Abstract

As the reason is a relatively unique phenomenon in ancient China's legal culture,therefore,study and research on it have continued without interruption,including its influence in the judicial practice.The authors made specific analysis on the related cases,and judged the applicable value of the reason as well as they believed that the reason,as the element to resolve conflicts and disputes besides laws,can play a balancing role with respect to the law to a certain extent;the reason can make up for the loopholes when universal and normative law regulating social relations;the reason for the practice can promote judicial reasoning activities.

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What this paper is about

As the reason is a relatively unique phenomenon in ancient China's legal culture,therefore,study and research on it have continued without interruption,including its influence in the judicial practice.The authors made specific analysis on the related cases,and judged the applicable value of the reason as well as they believed that the reason,as the element to resolve conflicts and disputes besides laws,can play a balancing role with respect to the law to a certain extent;the reason can make up for the loopholes when universal and normative law regulating social relations;the reason for the practice can promote judicial reasoning activities.

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Available abstract

As the reason is a relatively unique phenomenon in ancient China's legal culture,therefore,study and research on it have continued without interruption,including its influence in the judicial practice.The authors made specific analysis on the related cases,and judged the applicable value of the reason as well as they believed that the reason,as the element to resolve conflicts and disputes besides laws,can play a balancing role with respect to the law to a certain extent;the reason can make up for the loopholes when universal and normative law regulating social relations;the reason for the practice can promote judicial reasoning activities.

Key concepts: Normative, Jurisprudence, China, Phenomenon, Value (mathematics), Law, Element (criminal law), Law and economics

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