清前期埋葬银制度研究
发布时间：2018-07-21 22:12
【摘要】：埋葬银制度始于元代,最早称烧埋银,至明清时改称埋葬银。这项制度的主要内容是不法致人死亡者在承担相应刑罚外,还须赔付死者家属一定的赔偿金。这种在承担刑罚的同时还承担经济惩罚的规定是元以前中国法律中不曾出现过的,这一制度是蒙古习惯法中的“命价银”在进入中原汉族地区后在汉族文化的影响下逐步发展而来,是元代统治者在结合中原法律传统后进行的制度创新。 可以认为埋葬银制度是中国历史上第一次出现带有刑事附带民事赔偿责任色彩的法律,具有现代法学上死亡赔偿金的性质,在中国古代法制史上有着独特的地位。 元代在灭亡后,元代法律中一些先进的方面被明代法律所吸收,其中也包括埋葬银制度。清承明制,这一制度也继续在清代法律中发挥着作用。但由于统治者的好恶及社会发展的影响,埋葬银制度在明清的运行情况与元代相比出现了较大变化。论文主要以埋葬银制度在清代前期发生的变化为研究对象,通过对这一时期与元明两代这一制度的运行情况比较突出清前期埋葬银制度的变化特点,再结合案例等分析这一变化发生的原因,得出清前期埋葬银制度发生变化主要在于儒家精神的影响及地方官员的渎职。最后通过对一系列案例的分析阐述清前期埋葬银制度对民间社会生活的影响,从侧面反映出这一时期埋葬银制度的运行情况。
[Abstract]:The system of burial silver began in Yuan Dynasty, it was first called burying silver, and it was renamed burial silver in Ming and Qing dynasties. The main content of this system is that, in addition to the corresponding punishment, the person who has caused the death of a person illegally must pay certain compensation to the family members of the deceased. Such provisions, which bear penalties while also bearing economic penalties, have never appeared in Chinese law before the Yuan Dynasty. This system was gradually developed under the influence of Han nationality culture after entering the Han nationality area of the Central Plains, and it was the institutional innovation of the rulers of the Yuan Dynasty after combining the legal tradition of the Central Plains. It can be considered that the system of buried silver is the first time in the history of China with the appearance of criminal law with the color of civil liability, with the modern law of the nature of death compensation, in the ancient Chinese legal history has a unique position. After the death of Yuan Dynasty, some advanced aspects of Yuan Dynasty law were absorbed by Ming Dynasty law, including burial silver system. Qing Dynasty inherited the Ming Dynasty system, this system also continued to play a role in the Qing Dynasty laws. However, due to the influence of the rulers' likes and dislikes and social development, the operation of the burial silver system in the Ming and Qing dynasties changed greatly compared with the Yuan Dynasty. The paper mainly takes the change of the burial silver system in the early Qing Dynasty as the object of study. Through the operation of this period and the Yuan and Ming dynasties, it highlights the characteristics of the change of the burial silver system in the early Qing Dynasty. Combined with cases and other analysis of the causes of this change, it is concluded that the early Qing Dynasty burial silver system changes mainly due to the impact of Confucian spirit and local officials dereliction of duty. Finally, through the analysis of a series of cases, this paper expounds the influence of the burial silver system on the civil society life in the early Qing Dynasty, which reflects the operation of the burial silver system in this period.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：K249
本文编号：2137022
[Abstract]:The system of burial silver began in Yuan Dynasty, it was first called burying silver, and it was renamed burial silver in Ming and Qing dynasties. The main content of this system is that, in addition to the corresponding punishment, the person who has caused the death of a person illegally must pay certain compensation to the family members of the deceased. Such provisions, which bear penalties while also bearing economic penalties, have never appeared in Chinese law before the Yuan Dynasty. This system was gradually developed under the influence of Han nationality culture after entering the Han nationality area of the Central Plains, and it was the institutional innovation of the rulers of the Yuan Dynasty after combining the legal tradition of the Central Plains. It can be considered that the system of buried silver is the first time in the history of China with the appearance of criminal law with the color of civil liability, with the modern law of the nature of death compensation, in the ancient Chinese legal history has a unique position. After the death of Yuan Dynasty, some advanced aspects of Yuan Dynasty law were absorbed by Ming Dynasty law, including burial silver system. Qing Dynasty inherited the Ming Dynasty system, this system also continued to play a role in the Qing Dynasty laws. However, due to the influence of the rulers' likes and dislikes and social development, the operation of the burial silver system in the Ming and Qing dynasties changed greatly compared with the Yuan Dynasty. The paper mainly takes the change of the burial silver system in the early Qing Dynasty as the object of study. Through the operation of this period and the Yuan and Ming dynasties, it highlights the characteristics of the change of the burial silver system in the early Qing Dynasty. Combined with cases and other analysis of the causes of this change, it is concluded that the early Qing Dynasty burial silver system changes mainly due to the impact of Confucian spirit and local officials dereliction of duty. Finally, through the analysis of a series of cases, this paper expounds the influence of the burial silver system on the civil society life in the early Qing Dynasty, which reflects the operation of the burial silver system in this period.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：K249
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