Publications
Detailed Information
대명률(大明律)의 죄형법정주의 원칙(罪刑法定主義 原則) : A Study on the Principle of "nullum crimen, nulla poena sine Lege" in the Great Ming Code
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 정긍식 | - |
dc.date.accessioned | 2009-10-06T06:21:36Z | - |
dc.date.available | 2009-10-06T06:21:36Z | - |
dc.date.issued | 2008 | - |
dc.identifier.citation | 법학, Vol.49 No.1, pp. 110-158 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/10204 | - |
dc.description.abstract | In this paper, I researched the principle of nullum crimen, nulla poena sine
lege in the Great Ming Code[大明律] which was the general source of criminal laws in the Chosun dynasty. In strict meaning, this principle is a historical result of the modern western society. But it is a declaration of this principle that detailed crimes and their punishments were provided in laws and codes. In traditional China, this principle was a device to rule people equally prohibiting public officials arbitrary punitive authority. So people were protected indirectly by criminal laws. In traditional China, this principle was stipulated in the Tang Code[唐律] compiled in AD 653, and was maintained in the Great Ming Code promulgated in 1397. In the Great Ming Code, this principle was manifested in the next articles: Article 45 Deciding Penalties in Accordance with Newly Promulgated Code[斷罪依新頒律], and Article 439 Citing the Code and the Commandment in Deciding Penalties[斷罪引律令], Article 38 Principles for Increasing and Reducing Punishment[加減罪例]. And then in Section 28 Judgment and Imprisonment[斷獄] of the Great Ming Code, It was compelled for public officials to obey the laws, if they did not so, they were punished by laws. So this principle was observed firmly. But there were exceptions in this principle. They are as follows: Article 46 Deciding Cases without Specific Articles[斷罪無正條] which is an analogy in interpretation of criminal laws, and Article 409 Violating the Commandment[違 令] which is a punishment without noticing, Article 410 Doing What Ought... | - |
dc.description.sponsorship | 이 논문은 서울대학교 법학발전재단 출연 법학연구소 기금의 2008학년도 학술연구비
의 보조를 받았음. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 당률소의 | - |
dc.subject | 대명률 | - |
dc.subject | 죄형법정주의 | - |
dc.subject | 인률비부 | - |
dc.subject | the Commentary of Tang Code (Tangryulsoeui) | - |
dc.subject | the Penal Code of the Imperial Korea (Hyeongbuptaichun) | - |
dc.subject | the Great Ming Code (Taimyeounryul) | - |
dc.subject | 부응위 | - |
dc.subject | 형법대전 | - |
dc.subject | 위령 | - |
dc.title | 대명률(大明律)의 죄형법정주의 원칙(罪刑法定主義 原則) | - |
dc.title.alternative | A Study on the Principle of "nullum crimen, nulla poena sine Lege" in the Great Ming Code | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Jung, Geung Sik | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 158 | - |
dc.citation.number | 1 | - |
dc.citation.pages | 110-158 | - |
dc.citation.startpage | 110 | - |
dc.citation.volume | 49 | - |
- Appears in Collections:
- Files in This Item:
Item View & Download Count
Items in S-Space are protected by copyright, with all rights reserved, unless otherwise indicated.