Traditional Culture Encyclopedia - Traditional customs - An important supplement to the national enactment law in ancient Chinese legal culture

An important supplement to the national enactment law in ancient Chinese legal culture

Restatement of Legal History is the self-revolution and perfection of legal historiography. On the basis of fully respecting the academic achievements of predecessors, it insists on correctness, corrects mistakes and creates new theories, trying to explain the history of China's legal development more comprehensively and correctly.

China's legal system after Qin and Han Dynasties, in terms of the level of legal effect, consists of three levels: the Supreme Code, the Basic Law and the Adaptation Law, which is similar to the hierarchical structure of contemporary China's legal system. The experience of constantly improving the legal system and legal compilation in ancient times has practical reference significance for improving the legal system with the Constitution as the core in contemporary China. There is a great controversy about the ancient legal system in China. Generally speaking, there are five different viewpoints, namely, the theory of legal system, the theory of ritual system, the theory of six laws, the theory of laws and regulations in Ming and Qing Dynasties and the theory of example system. There are different understandings of the connotation of "legal system" and different interpretation angles. Investigating the amount of information possessed by ancient legislation is the main reason for the cognitive difference.

There are a large number of ancient judicial documents in the world. As far as its content is concerned, there are two main types: one is the document that regulates and guides prison litigation activities and summarizes judicial experience, which we call judicial guidance documents. The second is: the judgments and case collections compiled by the ancients. In previous studies, there was little reference to judicial guide documents, and there was a tendency to judge cases more seriously than cases, which weakened the scientific nature of the research results to some extent, so we must combine the two.