What are the main legal forms of the Qin Dynasty?

System and imperial edict are the orders of the emperor, and Qin Shihuang's "system" and "imperial edict" have the highest legal effect and are the most basic legal sources of the country. When the early Qin dynasty annexed the world, the king of Qin was called "the emperor", his birth was "controlled" and his orders were "imperial edict". Since then, the emperor's orders have the highest legal effect. As the emperor's orders, systems and imperial edicts were promulgated according to the specific conditions at that time, with a wide range and great flexibility. Taking the emperor's orders as the most basic legal source of the country has been established since the Qin Dynasty, and it has been a basic feature of China's feudal legal system. In addition, the Qin dynasty also had the following main legal forms:

law

Law is the main legal form in Qin dynasty, and it is a single law about a certain aspect of social life.

Li Kui's Fa Jing is an important source of Qin laws. During Shang Yang's political reform, he changed the six laws into six laws, and made some necessary supplements according to the social characteristics of Qin State. Law has always been the main legal form of Qin state and Qin dynasty, and it is also the main part of Qin law. Some of the main laws and regulations of the Qin dynasty are commensurate with the law. In addition to the six laws and the book list law, there are 29 laws in Qin bamboo slips, such as field law and industry law. It can be seen that law is the main legal form of the Qin Dynasty.

(2) Orders

Order is an important supplementary form of law.

If there is a farmland order in addition to the farmland law, some separate criminal laws are also introduced in the form of orders, such as burning books. "Officials see what they know but don't make it" and "make it ancient and write poetry books". In particular, the decree "Imperial Decree of Japan" promulgated by Qin Shihuang has the highest legal effect. However, the boundary between laws and decrees in the Qin Dynasty was not strictly divided. Laws, decrees and decrees were often mentioned together in the Qin bamboo slips Yu Shu, such as "amending decrees" and "decrees have been made".

(3) type

Formula is a kind of rule and procedure.

Shuowen: "Style, law also." Formula, as one of the legal forms, was first seen in the Qin Dynasty. For example, there is a seal formula in Yunmeng Qin bamboo slips, which is a legal document procedure related to inquest, investigation and trial.

(4) Legal questions and answers

Legal question and answer is the official explanation of Qin officials when answering people's legal questions.

In order to apply the law uniformly, the rulers of Qin set up special officials to explain the law to officials and people. Answers on Yunmeng Qin bamboo slips is a systematic interpretation of Qin law, mainly the criminal law, which explains in detail some aspects of the conviction, sentencing and litigation system of Qin law. It has the same legal effect as the law, and it is also a legal form of Qin, which was widely used after the reunification of Qin. This was the embryonic form of the later feudal code.

In addition, the Qin dynasty also widely used "acting in court" as the basis for judging cases. The so-called "agent in court" means filing a case. According to Yunmeng Qin bamboo slips and other historical records, "behavior in court" is often used as an important basis for conviction and sentencing. "Acting in court" shows the existence and application of case law in Qin Dynasty. This way can make up for the omission and deficiency of legal provisions in a certain procedure, and is conducive to further improving the strict legal network in Qin Dynasty.