Traditional Culture Encyclopedia - Traditional festivals - The positive influence of ancient Chinese legal system
The positive influence of ancient Chinese legal system
Because this question is complicated and controversial, I will simply answer your question.
First of all, we know that the characteristics of China's legal system are: first, the law is dominated by the will of the monarch. Second, ethics is the highest principle of law. Third, the criminal law is developed and the civil law is weak. Fourth, the unity of administration and justice.
Secondly, I know its origin: in the long feudal era, although the central government had a special judicial organ, its activities were either controlled by the emperor or restricted by the central administrative organs such as the prime minister, and it rarely exercised its functions and powers independently. As for the local authorities, the Chief Executive is also in charge of the judiciary, and the two are directly integrated into one. In Song, Ming and Qing dynasties, although there were special judicial officers at the provincial level, they were actually vassals of the same administrative organ. 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.
Thirdly, as a representative work of Chinese legal system, the Law of the Tang Dynasty transcends national boundaries and has a great influence on Asian countries. The contents of Korean Koryo Law are all taken from Tang Law. The Dabao Law formulated by Wu Wen is also based on the Tang Law. The Criminal Code promulgated by Vietnamese Li Taizun mostly adopted the Tang law, which shows that the Tang law occupies an important position not only in China, but also in the world legal history.
Fourth, know the enthusiasm: 1. Pay attention to the legal adjustment of kinship. Family relationship is the foundation of the construction and development of traditional society in China, and it is also a factor that still has a great influence on the construction and development of modern society in China. 2. Pay attention to the legal adjustment of ethnic relations. Ethnic relations have a long history in the history of Chinese civilization. During the process of Huaxia-Han nationality becoming the main ethnic group in China, other ethnic minorities also lived on the land of China. 3. Pay attention to the mediation and settlement of civil disputes. In the history of Chinese civilization, our ancestors attached great importance to solving various civil disputes through mediation very early. Historical Records of the Five Emperors records the legend of Shun's successful mediation of civil disputes.
Fifth, know the meaning:
1. helps to deepen the understanding of the historical continuity of Chinese civilization development;
2. It is helpful to deepen the understanding of the vitality of the evolution of China's legal tradition;
3. It is helpful to deepen the understanding of the major changes in the legal history of China since the reform and opening up;
4. It is helpful to deepen the understanding of the legal characteristics of contemporary China.
Zhushun!
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