A Study on the analogy in Criminal Law of Chosun Dynasty
This thesis is on the analogy existed in the criminal law of Chosun Dynasty, and is composed of four following chapters.
I examined the relationship between the criminal law in the era of the Chosun dynasty and its mother law, The Ming code, and further, the relationship between the courtesy - the basic spirit of the Confucianism on which the thoughts of the era of the Chosun dynasty are based - and law.
Through the examination on the relationship with the Ming code, I grasped the excutine system of the Criminal Law in the era of Chosun dynasty, and through the examination of the role of the courtesy then, intended to find out the combination with the principle of legality.
Through the systematic examination of the rules of the principle of legality in the Criminal Law in the era if the Chosun dynasty and the particularity, Inyulbibu provisions (It means that if there was no right articce to apply to a case, the most similar articles could be applied.) a kind of quotation interpretation methods which were interpreted in some examples of the preceding era or the Ming code - , I intended to ascertain how efficiently the 'Inyulbibu' provisions took charge of the role for the protection of human rights at that times.
It seemed to me that this combination, had made it possible for the principle of legality to practice a role for the protection of human right, central idea of that principle.