| Budget Amount *help |
¥2,900,000 (Direct Cost: ¥2,900,000)
Fiscal Year 2002: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2001: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2000: ¥1,400,000 (Direct Cost: ¥1,400,000)
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| Research Abstract |
This research starts out to examine historically how the consciousness and feeling of the Chinese people to law differs from that of the Japanese or the European people. I have observed a group of materials concerning 'keeping law' (守法) or 'keeping justice' (守正) often found in books of the T 'ang and the Sung era. The Chinese phrase 'keeping law' means not only to obey law but to keep law or to protect a defender's life against the Emperor's command at the risk of his own life, as are shown below.
1 Hsiao Chun(蕭鈞) defended Sung Ssu-t'ung(宋四通), a musician of T 'aich' ang-ssu(太常寺), who helped a lady of the Emperor's Palace deliver messages, and he requested a commutation for him from death to transportation. 2 An Chin-ts 'ang(安金蔵), a craftsman of T' aich 'ang-ssu, who had bored torture by a cruel officer Lai Chun-ch 'en(来俊臣) and others, appealed his loyalty to his master Jui tsung(睿宗), by tearing apart his breast, and he asked for stopping the inquisition of Wu Tse-t' ien(武則天). 3 Tai Chou(戴胄), who discussed death penalty sentenced to a porter who missed Changsun Wuchi(長孫無忌), a brother-in-law of T 'ai tsung(太宗), entering into a living room of the Emperor with a sword, criticized the unfairness of the criminal punishment which differed according to status, and finally gained a pardon for Wuchi and a porter.
However, these episodes don't point out the normal patterns of behaviors for officers of these times. In traditional China, where the command of the Emperor is the highest law, superior to positive law, officers cannot object to the Emperor's command without running a risk of his life. It might well be, therefore, too simple to say that these episodes mean the source of the law-abiding spirit of the Chinese people in general. We should rather find out from these episodes the historical character of the behaviors of 'keeping law', and the tradition of persuading the Emperor.
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