What are the characteristics of traditional legal culture in China? Concise, not too much.

(1) Based on Confucianism, get rid of the shackles of religious theology. Since Emperor Wu of the Han Dynasty "ousted a hundred schools of thought and respected Confucianism alone", Confucian orthodoxy has become the guiding principle of legislation and judicature, and the maintenance of the three cardinal guides and the five permanents has become the core content of feudal code. From the Han Dynasty to the Sui Dynasty, the wind of spreading Confucian classics and breaking prisons prevailed, which showed the influence of Confucianism on feudalism in a prominent form.

The powerful shadow of the legal system

The ring. The feudal laws in China are different from those in the West. Religious laws and regulations painted with gods in the western medieval legal system are an important part, which played a special role in maintaining feudal rule. But in China, as early as the end of slavery, theocracy had been shaken. In China's feudal legal system, there were no religious laws and regulations like those in medieval western countries, and Confucianism replaced the religion with gods as idols.

(2) maintain the feudal ethics, confirm the family rules. The feudal society in China was family-oriented, so the spirit and principles of patriarchal ethics permeated and influenced the whole society. Feudal law is not only based on law

Powerful force, confirmed the patriarchy.

, the husband's right, maintain the relationship between the superior and the inferior, and allow the family rules to take legal effect. From the Song Dynasty to the Qing Dynasty, various domestic statutory laws were important supplements to national laws and occupied a special position in the feudal legal system.

(3) The emperor will always be the hub of legislation and justice. The emperor is the highest legislator, and the imperial edicts, orders, decrees and decrees issued are the most authoritative legal forms. The emperor can legislate in one sentence and abolish the law in one sentence; The emperor is also the biggest judge. He either presided over the trial himself or ordered the minister to judge on his behalf in the form of "imperial edict". All rulings on joint trial of serious cases and review of death penalty must be made by the emperor. He can be extra-legal or extra-legal

. In the Middle Ages in western countries, feudal lords at all levels enjoyed independent legislative and judicial power for a long time.

(4) Bureaucrats and nobles enjoy legal privileges, and good and evil are guilty of the same crime. China's feudal laws were based on maintaining the hierarchical system, which endowed aristocratic bureaucrats with various privileges. Starting from Cao Wei, by imitating the Eight Dynasties in Zhou Li, the system of "Eight Opinions" was formed. In the Sui and Tang Dynasties, a series of legal systems such as "discussion", "invitation", "reduction", "redemption" and "official position" were established to reduce crimes and punishments according to grades. On the other hand, people who are divided into good and bad in law are discriminated against in law. For the same crime, the punishment is lighter than ordinary people. The punishment for using "base" to commit "goodness" is heavier than that of ordinary people. China's feudal laws, like those of any other country in the world, are characterized by open inequality.

⑤ All laws are combined into one, and the administrative organs are also judicial.

. China, from Li Kui's writing of the legal classics in the Warring States Period to the final feudal code, the laws of the Qing Dynasty focused on criminal law, with civil, administrative and litigation contents. This mixed compilation form, which combined all kinds of laws, ran through the whole feudal era, and it was not until the early 20th century and the late Qing Dynasty that the laws were amended.

In the long feudal era, although the central government had a special judicial organ, its activities were either controlled or influenced by the emperor.

Restricted by the prime minister and other administrative organs, they rarely exercise their functions and powers independently. As for the local authorities, the administrative organs are also in charge of the judiciary, and the two are directly integrated into one. During the Song, Ming and Qing Dynasties, although there were specialized judicial officials at the provincial level, they were actually vassals of the administrative organs at the next higher level. Throughout the feudal era, the authority of the central judicial organs was continuously dispersed, and the local judicial authority was continuously reduced, which was the result of the continuous strengthening of feudal absolutism.