A summary of Chinese legal history?

Ten-point induction of Chinese legal history 1. The first answer in the history of China's legal system is that the written law appeared for the first time in the history of China. The Classic of Law is the first written feudal code in the history of China. It was formulated by Minister Wei during the Warring States Period on the basis of summarizing the written laws of various countries since the Spring and Autumn Period, and it has an important historical position in the legislative history of China. After Shang Yang's political reform, Qin became strong rapidly, eventually unified the six countries and established the first centralized feudal dynasty in history. The Criminal Code of Song Dynasty is the first original code published in history. The Outline of the King James Constitution is the first constitutional document in China's modern history. Daqingxin Criminal Law is the first special criminal code in the modern sense in the history of China promulgated by the Qing court. The Provisional Constitution of the Republic of China is the first bourgeois and national constitutional document in the history of China. 2. The second answer to the question in the history of China's legal system: Casting Ding is the second time that the written law has been published in the history of China. Answer "three thorns", "three don't go" and "three-point inference"-in the Western Zhou Dynasty, whenever a major and difficult case is encountered, ministers should discuss it first. When ministers can't make a decision, it should be discussed by officials. If they can't make a decision, they will be handed over to all the people for discussion and decision. The "Three Stings" system shows that the trial of judicial cases in the Western Zhou Dynasty is prudent, and it is the embodiment of the thought of "knowing morality and being cautious about punishment" in judicial practice. "three don't go"-don't go after being poor and rich; Don't go if you have a mourning period of more than three years; Don't come back after marriage, don't go. Among them, "getting married and not going home" means that a woman is accompanied by her family when she gets married, but it is not reliable when she gets divorced. If you divorce your wife at this time, you will leave her in a homeless place, so you can't divorce your wife. "Three years of mourning" means that a woman has been filial to her in-laws for three years with her husband after entering her in-laws, and has done her duty as a daughter-in-law and cannot divorce her wife. "Be poor first, then get rich" means that you will be poor if you marry the original wife, and then you will become rich. According to etiquette, husband and wife should be one. If they are poor, they will marry and if they are rich, they will divorce. This is not desirable, so they cannot divorce their wives. "Judge of the Third Division"-When a major case occurred in the central or local government in the Tang Dynasty, Yu Yu, assistant minister of the Ministry of Punishment, and Qing Dali Temple formed the temporary Supreme Court and became the "Judge of the Third Division". 4. Four grades, four grades, and four grades in the three-trial system-in any legal system of the Yuan Dynasty, the rules of the four-grade system were not clearly stipulated, but in the design of the specific system of the Yuan Dynasty, people were obviously divided into four grades: the noblest person was a Mongolian aristocrat, so all Mongolian aristocrats were given preferential treatment at that time; The inferior ones are: semu people, the so-called semu people mean that the eyes have many colors; The third kind of people are called Han people. The so-called Han people refer to the Mongolian aristocrats who later entered the Central Plains and joined hands with the Southern Song Dynasty to destroy the gold. Traditional China people and ethnic groups in southwest China are collectively referred to as Han people, not Han people in the usual sense; Those who resisted the Heyuan regime until the end of the Southern Song Dynasty were called "southerners", the so-called fourth class. Four-level and three-trial system-a series of modern litigation systems were established in the late Qing Dynasty, which implemented the four-level and three-trial system and stipulated the public prosecution system, evidence and bail system of criminal cases; The trial system is open and evasive. Question "Five Listening", "Five Passing", "Five Punishments", "Quasi-five-service Punishment" and "Five Listening" in the Law of the Tang Dynasty-System refers to five ways to judge the authenticity of the parties' statements when judging a case. The specific contents include: speech listening, color listening, gas listening, ear listening and daily listening, that is, by observing the parties' verbal expressions, facial expressions, breathing, hearing, eyes and vision, it is confirmed that judicial psychological problems have been noticed in the Western Zhou Dynasty and applied to trial practice. "Five customs"-the legal provisions on the duties of judges in the Western Zhou Dynasty. The specific contents of "five violations" are: only officials are obedient, fearing power and bending the law; Only on the contrary, report personal grievances and bend the law; But internally, nepotism to relatives, bending the law; Goods only, taking bribes and bending the law; Only come, please be private, and bend the law. Anyone who commits these five elements of immigration crimes has committed their crimes. "Five punishments-(1) flogging in the Tang law; (2) stick punishment; (3) imprisonment; (4) exile; (5) the death penalty. "Quasi-five-term imprisonment"-Jin Law and Northern Qi Law established the "quasi-five-term imprisonment" system. Dress system is a system marked by mourning in China feudal society, which is used to distinguish the range and rank of relatives. According to the clothing system and kinship, it can be divided into five grades: cheating, Cui Zi, great merit, small merit and stuffing. The servitude system not only determines the rights and obligations such as inheritance and support, but also determines the severity of punishment when relatives commit crimes. If the pro-service system is the highest, the punishment of elders who commit inferiority complex will be mitigated, and the punishment of elders who commit inferiority complex will be aggravated. 6. Answers to the questions of "Six Rites", "Six Laws and Classics", "Six Killings", "Six Thieves" and "Six Prohibitions"-Six Rites in the Western Zhou Dynasty are the necessary conditions for the establishment of marriage. Legal marriage must be completed through the degree of "six rites", that is, acceptance: the man asks the matchmaker to propose marriage to the woman; Ask the name: the woman promises that the man will ask the matchmaker to tell her name, birthday, etc. after marriage. And make a fortune in the ancestral hall; Najib: After Bude auspicious, he got engaged to his wife's house. Zheng: The man sends the bride price to the woman's house, so it is also called Nabi. Once the bride accepts the bride price, she can't break off her marriage. Invitation period: the man brings gifts to the woman's house to get married on the agreed date; Kissing: On the wedding day, the man welcomes the woman to his home. At this point, the wedding was completed and the marriage was finally established. Six Classics-Six Classics are divided into six chapters in structure: stealing method, thief method, net method, catching method, miscellaneous method and preparation method. Among them, the Theft and Thief Law is a legal provision on punishing those who endanger national security, others and property. The Internet Law, also known as the Prisoner Law, is a legal provision on imprisonment and trial of criminals. The arrest law is a legal provision about chasing thieves and other criminals. Both "net" and "arrest" belong to the category of procedural law. Miscellaneous Law is about other crimes and punishments besides "thief". Six kills-According to the criminal's subjective intention, there are six kills in the provisions of the Law of the Tang Dynasty about the fight between thieves, that is, the so-called homicide, old homicide, fighting homicide, manslaughter, manslaughter and joking homicide. The emergence of the theory of "Six Killings" reflects the development and perfection of the traditional killing theory in Tang Dynasty. It reflects that the Tang law has reached a high level in both legislative technology and legal application principles. "Six thieves"-refers to the six crimes of illegally obtaining public or private property stipulated in the Law of the Tang Dynasty. Tang law requires officials to be honest and clean, and severely punish those who abuse power for personal gain or engage in malpractices for personal gain. In terms of sentencing, the laws of the Tang Dynasty stipulated heavier penalties for committing property crimes than ordinary people. The six major stolen goods specifically include the following crimes: (1) "Accepting money to bend the law" refers to the behavior of officials who accept money and lead to perverting the law; (2) "Accepting money does not bend the law" means that officials do not bend the law when accepting property; (3) in prison; (4) "robber"; (5) "stealing"; (6) "sit". Six prohibitions-The Code Miscellaneous Laws is about other crimes and punishments except thieves, which mainly stipulates six prohibitions, namely, obscenity, rape, city, drama, apprenticeship and gold. 7. The question "Seven Fruits" answers the dissolution of marriage system in the Western Zhou Dynasty, which is called "Seven Fruits". The so-called "worldly desires", also known as "worldly desires", means that a woman has one of the following seven situations, and her husband or in-laws can abandon her, that is, against her parents' wishes, not having children, going whoring, being jealous, getting sick, talking too much and stealing. 8. Answering the "Eight Opinions" Cao Weilu officially incorporated the "Eight Opinions" system into the code; The "Eight Opinions" system is a legal provision to reduce or punish crimes committed by feudal privileged figures. Including discussing relatives (the emperor's relatives), discussing the past (the emperor's later years), discussing talents (people with traditional virtues and influence), recognizing talents (great talents), discussing merits (great talents), discussing nobles (aristocratic bureaucrats), discussing diligence (diligently serving the court) and discussing guests (former royal relatives). 9. The full name of the answer to the question "Nineteenth Credo" is the Nineteenth Credo of the Constitution, which is another constitutional document thrown out by the Qing government after the outbreak of Wuchang Uprising in the Revolution of 1911. Formally, it was forced to reduce the power of the emperor and relatively expand the power of parliament and prime minister, but it still emphasized the supremacy of imperial power and did not mention civil rights, which exposed its hypocrisy. So it failed to save the defeat of the Qing dynasty. 10. answers to the questions of "ten felonies" and "ten evils"-in order to safeguard the fundamental interests of feudal countries, Beiqi first stipulated "ten felonies" in the Beiqi Law, which is the general name of the ten felonies that endanger the fundamental interests of the ruling class. Putting the "Ten Serious Crimes" at the top of the law as the object of severe attack has increased the deterrent power of the law. The "Top Ten Crimes" are: rebellion (rebellion), gross rebellion (destroying the emperor's ancestral temple, mausoleum and palace), rebellion (rebellion), surrender (surrender), vicious rebellion (beating and murdering a relative), immorality (brutal murder), disrespect (stealing royal objects and disrespecting the emperor) and unfilial (not serving parents and serving the emperor) "Ten evils" are the ten major felonies that seriously endanger the fundamental interests of the ruling class as stipulated in the laws of Sui and Tang Dynasties, which originated from the "Ten Major Felonies" in the laws of Northern Qi Dynasty. On the basis of "ten felonies", the Law of Sui Dynasty gained and lost, and determined the system of ten evils. Tang law inherited this system and included "ten evils" in the name law. A brief discussion on the famous examples in the Law of the Tang Dynasty says: "Among the five punishments, ten evils are particularly serious, and the loss of fame and education destroys the crown, and the special topic is clear." The specific contents include: (1) rebellion: it refers to the act of plotting against the emperor and endangering the country; (2) To seek great rebellion: it refers to the act of plotting to destroy the national ancestral temple, the emperor's mausoleum and the palace; (3) Rebellion: refers to betraying the country and going to the enemy country; (4) Evil rebellion: refers to the act of beating or murdering grandparents, parents and other respected relatives; (5) No way: it refers to the act of killing three people and dismembering them in non-capital crimes; (6) Disrespect: refers to stealing the emperor's sacrificial offerings or royal objects, forging or stealing the emperor's seal, mismatching the imperial medicine, mistakenly violating the fasting order, criticizing the emperor and the ceremony without officials, and other acts that damage the emperor's dignity; (7) Filial piety: it refers to the unfilial behaviors such as suing grandparents and parents, opening a portal without their consent, dividing property, lacking support for grandparents and parents, and losing one's will to parents; (8) Inconsistency: refers to the act of murdering or selling relatives within five clothes (hemp), beating or accusing her husband of exceeding meritorious service; (9) Injustice: refers to the act of killing the manager's boss, teacher and husband for funeral; (10) Civil strife: refers to incest such as raping relatives with slight achievements or above.