Traditional Culture Encyclopedia - Traditional culture - Based on the characteristics of the origin of ancient Chinese law, this paper tries to explain the reasons and general laws of the origin of law.
Based on the characteristics of the origin of ancient Chinese law, this paper tries to explain the reasons and general laws of the origin of law.
A: The formation of China's state and laws matches its natural environment and has its own distinctive characteristics. The origin of law is influenced by it, and it also forms a distinctive feature different from western society. First, the origin of ancient law is closely combined with the patriarchal hierarchy. Second, the origin of ancient law is mainly completed in the form of "punishment begins with soldiers" and "ceremony begins with sacrifices". Third, the origin of ancient law is based on the self-sufficient natural economic structure. Law is the product of the development of human society to a certain stage, and the emergence and development of law is the result of the interaction of various social factors. Economic factors played a decisive role in the emergence of law: the origin of ancient Chinese law was based on self-sufficient natural economic structure, emphasizing the interests of family, clan and country and the spirit of collective cooperation, and the emergence of private ownership and social division of labor led to the emergence of law. Political factors are also an important factor in the origin of law, which is the result of class division and class struggle at that time. The origin of ancient Chinese law is closely combined with the patriarchal hierarchy, which has the dual nature of state law and patriarchal system. It applies not only to the dominant clan, but also to the whole country. It is the ruling tool used by slave owners to adjust the relationship with slaves and the internal relations of slave owners, and it is the political root of law. The emergence of law is also influenced by factors such as humanities and geography. The emergence of ancient Chinese law was influenced by China's unique cultural and geographical environment, which was different from that of western countries, mainly manifested as "punishment begins with soldiers" and "ceremony begins with sacrifices". The general law of the origin of law is: from individual adjustment to normative adjustment, from habit to customary law, from being mixed with moral norms and religious norms to being relatively independent. The origin of ancient law in China was originally a ritual law transformed from the habits of primitive clan society. From the initial order issued by the monarch to the formulation of a unified and standardized written code, from the initial "destiny" and "divine punishment" to the establishment of a scientific and reasonable criminal law system, it embodies the general law of the origin of law.
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