. How to recognize the influence of the Zhou ritual on the later Chinese legal system?2. How to recognize the deeper reasons for the decline of the Chinese legal system?

Chinese Legal History Formative Examination Book Assignment 1 I. 1. yu punishment 2. tong punishment 3. jiu punishment 4. kill 5. minced meat 6. brother end brother and 7. media clan 8. theocratic law guiding ideology 9. the field is not strained 10. seven out

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Four, terminology 1. quality agent: the buyer and seller each half. This bamboo slip is divided into two kinds of long and short, long (coupon) called quality, used to buy and sell slaves or cattle and horses, etc.; short (coupon) called agent, used to buy and sell weapons or rare objects.

2, the six rites: the Western Zhou marriage program; including Nacai, ask the name, Naji, Najin, please period, pro welcome, and later feudal society basically followed the six rites of the Western Zhou system. Nacai means that the man's family asks the matchmaker to go to the woman's family to propose marriage, and after the woman's family agrees to discuss the marriage, the man's family prepares gifts and goes to propose marriage. Asking for the name means that the man's family asks the matchmaker to give the woman's name and date of birth. Naji means that the man's family will notify the woman's family of their decision to marry after they have received an auspicious omen. Naji means that the man's family sends the bride price to the woman's family, which is also called Nashi. Inviting the bridegroom to choose a date for the marriage, and preparing gifts to inform the bridegroom's family and ask for their consent. The bridegroom goes to the woman's house to meet her in person. Six rites began in the slave society, the influence of later generations, is the embodiment of the combination of arranged marriage and sale of marriage, and is full of strong superstitious colors. 3. five listening: the trial judge in the trial activities to observe the psychological activities of the parties to the five methods, began in the Western Zhou Dynasty, the later generations have a greater impact. Zhouli? Autumn official. Small Sikou" "to listen to the five sound prison litigation, seeking the people's feelings, one said that the rhetoric listen; two said that the color listen; three said that the gas listen; four said that the ear listen; five said that the eye listen." Rhetoric listening to listen to the party's statement, the deficit is incoherent; color listening to observe the party's expression, the deficit is red; gas listening to listen to the party's statement of the breathing, the deficit is asthma; listening to listen to the party's auditory response, the deficit is the auditory malfunction; listening to the party's eyes, the deficit is afraid to look at the eye. The "five listening" shows a strong formalism, but in terms of its attention to observe the psychological activities of the parties, there is a certain significance.

4. "Law scripture": China's history of the first complete, systematic feudal law. By the period of the Warring States period Wei Li Yul formulated the "law scripture". Li Yul on the basis of summarizing the legislative experience of the vassal states since the Spring and Autumn Period, the formulation of the "Law Scriptures" six. It is the earliest feudal code of our feudal society with a rough system. The six chapters of "Law Scriptures" are theft, thieves, prisoners, capture, miscellaneous, with. Li Yul thinks that "the king's government is not more urgent than the theft", so the theft, the thief in the beginning, and the equivalent of the general principles of criminal law with the law at the end of the chapter. From the content of the Law Scriptures, its class nature can be seen: firstly, its sharpness is mainly directed to the peasants and other working people; secondly, it defends the monarchical autocracy; thirdly, it defends the feudal hierarchy. In short, the law is the emerging landlord class will and interests of the centralized embodiment of the feudal landlord class suppression of peasant resistance to the violent tools. 5. to the ancient not the present crime: the Qin dynasty set up the crime, is to the past examples of the reality of the policies and systems accused of

Five, case study

1. Shangzhou and Zhou Prince of the case (1) in the Shang dynasty, the difference between wives and concubines is what? A: The status of wives and concubines was very different, and they were in a very unequal position. Most of the concubines are slave-owning aristocrats from female slaves to marry, but also through the "concubines married", that is, the slave-owning aristocrats to marry, often with the wife of the sui marriage of the daughter with the concubines. One wife and many concubines system is due to the private ownership of the slave society to determine the first-born son inheritance system, if more wives will cause chaos on the throne and fight for property, affecting the ruling order of the dictatorship of the slave class.

(2) The meaning and significance of the first-born son inheritance system. A: The first-born son inheritance system is the system in which the throne and title are inherited by the first-born son of the main wife. This system began at the end of the Shang Dynasty and was formally established at the beginning of the Western Zhou Dynasty.

The first-born son inheritance system determines the system of multiple wives and concubines under the private ownership of the slave society, and if in the case of multiple wives, there will be confusion and even war due to the competition for property and throne. Therefore, the division of wives and concubines also led to the division of first-born sons and common sons, so as to avoid disputes over inheritance, which in turn affected the ruling order of the slave class dictatorship. The first-born son inheritance system was favorable to the ruling order of the slave-owning class.

2. The case of Shang Yang (1) Combined with the textbook, briefly summarize the main content of Shang Yang's reformsAnswer: Shang Yang carried out two changes of law in the state of QinThe first change of law (359 B.C.E.). The focus was to combat the political power of the slave-owning aristocracy. The specific contents were: first, to reorganize the household register and establish the law of guilt-by-association to prevent the hiding of bad people; second, to reward the denunciation of adultery; third, to . . rewarding agricultural production; and four. . rewarding military service. Second Change of Law (350 BC). Focused on abolishing the land system of slavery. The specific contents were: firstly . Further emphasize on living in separate households; two. Abolition of the feudal system and general establishment of the county system; iii. Abolition of the well-field system and establishment of the feudal private land ownership system; and four. Unification of the system of weights and measures. The significance of Shang Yang's reforms lies in the fact that through the reforms, the development of feudal production relations was promoted, which made the state of Qin become stronger and stronger, and it ranked the first of the six states among the "Seven Heroes" in the Warring States period, laying the foundation for the unification of Qin Shi Huang.

(2) Describe the concepts of criminal law, law, and law. A: From the etymology, the Chinese character "法" does have the meaning of "平", "正", "直" and "公正裁判". "just judgment". Another character that is closely related to the character "法" is "律". According to the explanation of Shuowen Jiezi (说文解字), "律" means "law" and "law" means "equalization". It can be seen that "law" always refers to a standard for judging what is fair, right and straight, while "law" mainly emphasizes what everyone must abide by. The conjunction of "law" and "律" means that "律" is a kind of "律" which contains the standard of judging fairness, righteousness and straightness confirmed by the state. The term "law" is used in conjunction with the word "law". The term "law" was not widely used until the end of the Qing Dynasty and the beginning of the Civil War, and is said to have been influenced by Japan.

Chinese Legal History Formative Assessment Book Assignment 2 Answers

I. Single Choice Questions BCDACCDDBD

II. Multiple Choice Questions 1. ABCD 2. ABCD 3. ACD 4. ABCD 5. ABCD 6. BCD

7. BD 8. ABC 9. ABCD 10. BC

III. The noun explains 1. pro-relationships can be hidden: allows a certain range of relatives for a certain crime can be the first conspiracy to hide. The Han law provides that the young hide honored relatives long, not criminally liable; honored relatives long first anonymity committed a capital crime of the young, although the sentence should be, but can ask for remission, the first anonymity committed a general crime of the young is not criminally liable. 2. the official when: China's feudal society refers to the crime of the officials can be used official rank or title offset the penalty of imprisonment and exile. The northern Wei law" first to do this provision, Sui law, Tang law successively followed. The Tang Law stipulated that an official above the fifth rank could be offset against a private crime" (a crime committed on private business or under false pretenses) for two years, and a "public crime" (a crime committed on public business) for three years; an official above the ninth rank could be offset against a "private crime" for one year, and a "public crime" for one year, and a "public crime" for one year. Officials above the ninth rank could be sentenced to one year's imprisonment for "private offenses" and two years' imprisonment for "public offenses". Ming and qing laws do not have this provision. 3. Tang law review: "tang law review" is "yonghui law review", it is our study of tang law model, and is the model of our feudal code, become the representative of the Chinese legal system. At the beginning of the Tang Dynasty, a Tang Law was revised on the basis of the Kaihuang Law of the Sui Dynasty. The "Yonghui Laws" was a code compiled by Emperor Gaozu of the Tang Dynasty, who ordered Changsun Wuji and others to compile a code based on the "Wude Laws" and the "Zhenguan Laws", with 20 chapters and 5012 articles, titled in the order of names, guards and bans, job system, household marriage, stables and storerooms, trespassing, thieves and robbers, lawsuits, frauds and falsehoods, miscellanea, arrests and deaths, and prison breaks, etc., which was issued in the second year of the Yonghui period (651 A.D.). Yong Hui Law" to protect feudal land ownership, maintain the feudal patriarchal system, strengthen the power of the emperor, rule and suppress the peasants as the main content, is China's most complete existing a feudal code, the full text is preserved in the "Tang Law Review". 4. Song Penal System: Song Tai Zu Jianlong four years compiled "Song Jianlong re-detailed Penal System", referred to as "Song Penal System". It is China's history of the first published version of the feudal code. Its provisions are just a replica of the "Tang Law Review", the changes are: increase "folding cane law"; collection from the end of the Tang Dynasty to the beginning of the Song Dynasty 150 years of edicts, orders, grams, the criminal norms in the style of 209 attached to the law after the text; the title is still 12 articles, 502 articles, but there is a door under each article, a total of 213 doors. 5. Autumn Trial: The autumn trial was a trial system from the Qing Dynasty to the beginning of the Song Dynasty. A trial system of the Qing Dynasty, developed from the Ming Dynasty. The Qing dynasty will be the trial developed into two kinds of trial, namely, the trial and autumn trial. The object of the autumn trial was to review the prisoners sentenced to death as reported by the provinces. Autumn trial began to implement in the 15th year of Shunzhi, first of all, the governor of each province will be required to be sentenced to all their own province of beheading and beheading Supervisory Waiting (equivalent to the modern death sentence) cases and the Buzhengzhi, according to the history of the review of the meeting, respectively, put forward four kinds of treatment: (1) the situation is true. The crime is true, the crime is appropriate, the execution of the death penalty. (2) suspended. Although the facts of the case is true, but the harm is not great, can be reduced to flow for three thousand miles, or reduced to send the smoke and miasma extreme side of the army, or again detained in prison waiting to be dealt with. (3) may be reserved. If the case is true, but there is something to be saved or suspicious, the death penalty may be waived, and the sentence may be reduced to imprisonment or exile. (4) Retained for Sacrifice. The case is true, the crime is appropriate, but there are relatives of the old single Ding situation, eligible to apply for retention, according to the case of retention of the Emperor for a ruling.

Four, case study 1. Teagan petition to save his father. (1) slavery five punishment A: slavery five punishment: namely, tattoo (ink), wakes, amputation, palace, big paved. Ink is a sentence that is applied to the face or forehead of the offender; wakes is to cut the nose; amputation is to cut off the foot; palace is to cut off the genitals of the man and seclude the woman; and dapai is the death penalty. (2) Analyze the reasons why Emperor Han Wendi abolished corporal punishment. Answer: The reform of the penal system, after the two emperors, time up to 20 years, reflecting the reform of a system, is from imperfect to perfect process; later generations are thought to be out of "pity" Tee haunting, reflecting the Emperor Wen's virtue, but the essence of the social and economic development. The ruler wanted to punish offenders while preserving their ability to work, so as to facilitate his rule. However, it is significant in the history of the Chinese legal system. It was the symbol and turning point of the ancient Chinese penal system from the barbaric stage to the more civilized stage. It laid the foundation for the establishment of the five punishments of the feudal system, and it also favored the development of the feudal economy. (3) The guiding ideology of legislation in the early Han Dynasty. Answer: The early Han to the Wenjing period to the Huanglao ideology, and supplemented by legalism as the guiding ideology of the rule of law. At the beginning of the Han Dynasty, due to the Qin Dynasty's tyrannical government and successive years of war, social production was seriously damaged, the ruler needed a relatively stable situation, so that the people could rest and nourish themselves, restore and develop production, in order to consolidate the newly established feudal regime. At this time, Liu Bang summarized the lessons of Qin's death as a reference. Lu Jia, one of Liu Bang's subordinates, based on the thinking of Huang Lao and the social situation at that time, put forward the idea that "the Way is not greater than doing nothing". At that time, the ruling class, from the emperor to the prime minister, respected Huang Lao's thinking. This was especially significant during the Wenjing period. The idea of ruling by doing nothing was reflected in the guiding principle of legislation, which was to "lighten the corvée and thin out the tax" and "save the law and the punishment". As a result, there were prosperous scenes of production development and improvement of people's lives. (4) Types of prison sentences in the Qin and Han dynasties. Answer: imprisonment in the Qin Dynasty: A . Chengdan and pounding. Chengdan, applicable to male offenders, was a kind of imprisonment that forced male offenders to build the Great Wall during the day. Pounding was applied to female prisoners. During the Qin Dynasty, female prisoners who were subjected to shingdan were subjected to the labor of pounding rice for the rations of the prisoners according to their physiological conditions. The duration of the punishment of pounding was the same as that of shingdan.B. Ghost Salary and White Charm. Ghost pay was applied to male prisoners, and baekchon was applied to female prisoners. Ghost salary refers to forcing male prisoners to go to the mountains and forests to cut wood for rituals in the clan temples. White charm refers to forcing female offenders to choose rice and make it white for rituals in the temple. Both sentences lasted for three years. c. Sikou and Sakou. Sikou, or forcing male prisoners to serve in remote areas, was mainly engaged in defense against invasion by foreign invaders, and the term of imprisonment was two years. Sikou, as in Sikou, was applied to female prisoners, equivalent to Sikou, meaning that female prisoners were forced to serve a sentence equivalent to the defense against invasion by foreign invaders, which also lasted for two years.D. Penalized work, repeated work. "Punishment for work, applicable to male prisoners, refers to forcing male prisoners to serve in remote areas, and the term of imprisonment is from three months to one year. The term of imprisonment was from three months to one year. It means forcing female offenders to serve in the government service. Penalization and resumption of work were the lightest of the prison sentences, and the term of imprisonment was from three months to one year. The prison sentences of the Han Dynasty basically followed those of the Qin Dynasty: A . B. The punishment for the crime of "the ghost" (3 years of age). C. The punishment for the crime of "the ghost" (3 years of age). D. The punishment for the crime of "the ghost" (2 years of age). E. The punishment for the crime of "the man" and the punishment for the crime of "the woman" (1 year of age-3 months of imprisonment). F. The punishment for the crime of "the woman, Gu Shan" (1 year of imprisonment-3 months of imprisonment). G. The punishment for the crime of "the woman, Gu Shan" (2 years of imprisonment-3 months of imprisonment). (This refers to women who are sentenced to imprisonment for cutting wood on the mountain with a ghost salary for their crimes, they can hire someone to replace them at a cost of three hundred dollars per month instead of serving in person.

2. Changsun Wuji with a knife into the palace case (1) "eight" of the content of the A: China's feudal dynasties provided for eight kinds of crimes to be sent to the emperor for special consideration, in order to reduce or waive the penalty of a system. "Eight" is by the "Zhou Li" autumn official "Tong Kou" in the "eight" evolved, Cao Wei developed Wei law will be "eight" changed to "eight When Cao Wei formulated the Wei Laws, he changed "Eight Pieces" to "Eight Discussions", instructing: "The sons of meritorious ministers, the law should be discussed by people". The "eight proposals" from the Wei law was formally included in the law code, become a basic principle of criminal law, this later generations along to the Ming and Qing laws. The so-called "eight", that is, there are discussing relatives (imperial relatives), discussing the old (the emperor's old), discussing the virtuous (the so-called virtuous ministers with feudal virtues), discussing the able (the so-called ministers of great talent), discussing the merits (the feudal dynasty has great merit), discussing the nobility (high ranking officials and dignitaries), discussing the industriousness (the special diligence for the feudal rule), discussing the bin (the descendants of the former monarchs). These eight categories of people are entitled by law to the same rights and privileges as those who committed crimes. These eight categories of people who committed crimes enjoyed the privilege of exemption from or reduction of punishment in accordance with the law. This was the legal manifestation of the feudal hierarchy and codified it. (2) The content of the "Ten Evils" A: The "Ten Serious Crimes" of the Beiqi Laws were developed into the "Ten Evils", which were the ten most serious crimes that endangered the fundamental interests of the feudal state, and were placed at the top of the Laws to emphasize the importance of these ten crimes. It was to put the ten most serious crimes that endangered the fundamental interests of the feudal state in the head of the law, so as to emphasize that these ten crimes were the main targets of the crackdown. The so-called "ten evils" referred to conspiracy against the state, conspiracy against the state, conspiracy against the state, wickedness, injustice, great disrespect, unfiliality, disharmony, unrighteousness, and civil strife.) (3) The relationship between the "eight proposals" and the "ten evils". A: The "eight proposals" refers to eight categories of people who commit crimes and enjoy the privilege of exemption from or reduction of punishment according to the law, the privilege of the feudal aristocracy, which is the legal manifestation of the feudal hierarchy, and make it codified. In the name of the law set up a "ten evils" special article, emphasizing the serious nature of these crimes. (2) Those who committed the "ten evils" were not allowed to enjoy the privileges of negotiation, petition, or reduction even if they were within the scope of the Eight Deliberations). The "eight proposals" and "ten evils" complement each other, **** the same for the service of feudal rule.

3. Hu blue prison (1) how to strengthen the centralization of the early Ming Dynasty Answer: First, the establishment of a heavy rule of chaos in the world of legislation guiding ideology. First of all, the rule of chaos. Specifically embodied in the heavy code to rule officials and heavy code to rule the people in two aspects. Zhu Yuanzhang believed that the stability of the state, first of all, depends on the feudal state can implement the effective management of officials at all levels. He tried to achieve better governance of the people and the state and to strengthen the centralization of power by imposing heavy penalties on the officials. Secondly, he utilized both rites and punishments. Zhu Yuanzhang also realized from the history that the emphasis on suppression and relying only on harsh laws and punishments could achieve a temporary effect, but could not solve the problem fundamentally. He advocated the use of rites and laws, combining the crime prevention function of rites with the repressive function of laws. Both adhere to the harsh law, but also emphasize the virtue of ritual education, Confucianism and law, the combination of rites and punishments. Once again, strengthen the legal system propaganda. Zhu Yuanzhang combined legislation with legal propaganda, requiring the people to know how the law was stipulated, and educating the people with actual cases. Secondly, it was strictly prohibited for ministers to form parties and for internal and external officials to intermingle. The rulers of the Ming Dynasty, in view of the lessons learned from the Tang and Song dynasties, which weakened the power of the emperor and dispersed the power of the rulers, abolished the system of the prime minister and forbade the harem and eunuchs from interfering in the government of the dynasty. The government, all beheaded, his wife as a slave, property into the government". "If the crime, the law should be punished by death, its ministers and small officials coincidentally remedied, secretly invited people's hearts,"; "If the Ministry of Justice and the size of the various Yamen officials do not implement the law, listen to their superiors, in and out of people's sins" and so on constitute the crime of treachery, to be severely punished: I am executed, the son of the slave, property into the government. I was executed, my son became a slave, and his property was transferred to the government. Third, the harsh suppression of resistance to the monarch's autocratic rule. Ming law on "rebellion, treason" all adopt the principle of aggravated punishment. Such as rebel and treason, not only the person to be executed by lynching, its relatives, including grandfathers, fathers, sons, grandsons, brothers and cohabitants, regardless of the different surnames, and uncles, brothers of the son, not limited to the same, regardless of the disease, the disease, where the age of sixteen years of age or older, were sentenced to death, the scope of the Ming law of the strains than the Tang law, a much wider range of. The third is to severely punish corrupt officials. In the "Daming Law" in the provisions: for the so-called "pervert the law", punished severely, consistent with the following canes seventy, eighty kan is strangled; for the supervisor of the theft, do not distinguish between the first and from the stolen goods on the crime, full of forty kan that is, at the beheading; for the implementation of the so-called monitoring duties of the "wind constitutional officer For the so-called "wind constitutional officer" of the imperial historian, if the crime of embezzlement than other officials to increase the penalty by two levels. (2) The legislative guiding ideology of Zhu Yuanzhang at the beginning of the Ming Dynasty A: The Ming Dynasty was in the late feudal society in China, in order to maintain the political and economic not to suffer serious damage, the monarchical autocratic rule is more strengthened, and developed to the extremes of the program. The legislative guiding ideology of this period was established by the founding emperor Zhu Yuanzhang, and had a profound impact on the legislative activities of the entire Ming Dynasty. First, the heavy code to rule the chaotic world. This is specifically reflected in the two aspects of heavy code to rule officials and heavy code to rule the people. Zhu Yuanzhang believed that the stability of the state depended first and foremost on the ability of the feudal state to effectively manage officials at all levels. He tried to achieve better governance of the people and the state and to strengthen the centralization of power by imposing heavy penalties on the officials. Secondly, the use of rites and punishments. Zhu Yuanzhang also realized from the history that emphasizing suppression and relying only on harsh laws and punishments could achieve a temporary effect, but could not solve the problem fundamentally. He advocated the parallel use of rites and laws, combining the crime prevention function of rites with the repressive function of laws. Both adhere to the harsh law, but also emphasize the virtue of ritual indoctrination, Confucianism and law, rituals and punishments. Thirdly, strengthening the propaganda of the legal system. Zhu Yuanzhang combined legislation with legal propaganda, requiring the people to know how the law is stipulated, and educating the people with actual cases. (3) Zhu Yuanzhang's Measures of Heavy Ceremonies to Control Officials A: The Ming Dynasty severely punished corrupt officials from the perspective of safeguarding the fundamental interests of the feudal state. First, the formulation of the Ming "Letters Patent". Is Zhu Yuanzhang Hongwu 18-20 years personally formulated the criminal special law, and Zhu Yuanzhang to the subjects of the admonition, Zhu Yuanzhang is Zhu Yuanzhang heavy rule of chaos, especially the heavy rule of mandarins of the proposition, practice and measures. Letters Patent" includes "Letters Patent", "Letters Patent Continuation", "Letters Patent Three", "Letters Patent Wu Chen" 4, ****236. The content is a compilation of typical cases of punishment of corrupt officials. The second is to take severe measures to severely punish corrupt officials. Daming Laws" provides that: the so-called "perverted loot", from the strict punishment, consistent with the following canes seventy, eighty贯绞; for the supervision of theft, not from the first and the stolen goods on the crime, full of forty贯that is, the penalty of beheading; for the implementation of the supervision of the duties of the "wind constitutional officers" Imperial Palace, if the crime of embezzlement than the other officials aggravated by two levels of punishment. Ming "Letters Patent" also focus on the fight against corrupt officials, and cruel penalties, such as "peeling grass" and so on. (4) "Daming Law" strictly prohibit the subjects of the legal provisions of the party. A: The Ming rulers in view of the Tang and Song dynasty ministers party, weakening the power of the emperor, dispersal of the ruling power of the lessons learned, in the adoption of the abolition of the prime minister system, do not allow the harem and eunuchs to intervene in the dynasty and a series of measures, the "Daming Laws" in the "treacherous" article, which provides that: "If the officials in the court, the gangs of cronies, all disruptions to the government, are chopped. Disturbance of the government, all beheaded, his wife as a slave, property into the government". "If the crime, the law should be punished by death, its ministers and small officials coincidentally remedied, secretly invited people's hearts,"; "If the Ministry of Justice and the size of the various Yamen officials do not implement the law, listen to their superiors to make, in and out of the people sinners" and so on constitute the crime of treachery, to be severely punished: I was executed, the wife of a slave, property into the government. The Chinese government is also responsible for the implementation of the law, and the government is also responsible for the implementation of the law.

Chinese legal history formative assessment book homework 3 answers

1. the Qing government constitutional initiatives and the significance of the modernization of Chinese law? Answer: the Qing government constitutional initiatives: since the Opium War in 1840 to 1901, the Qing government faced with the situation of the Great Powers encroaching on China, in 1905, the Qing court sent ministers to study the constitutional government of the Great Powers, in order to follow the example of seeking national wealth and strength, the purpose of which is three: one is the throne is eternal; two is to defend against foreign invasions; the third is the power to cut the feudal unity. The implementation of the preparatory constitution is the Qing court had no choice but to the result. 1906, the Qing government set up to investigate the political hall, the following year was converted into a constitutional compilation and investigation of the hall, as a preparatory constitutional office, since then, a number of preparatory activities for the establishment of the constitution. First, the establishment of the Consultative Bureau and the preparation for the establishment of the Academy of Senior Government. The second was the formulation and promulgation of the Outline of the Qin Ding Constitution, and the announcement in 1908 that the constitution would be established for a period of nine years. The essence of the Outline included: the inviolability of the monarch; the monarch's monopoly of the power to rule; and the rights and obligations of the subjects according to the law. The most prominent feature of the Constitution of the late Qing Dynasty was that the Emperor was authoritarian and the people had no rights, and the fundamental purpose was to maintain feudal absolutism, which on the one hand aroused the indignation of the people and at the same time greatly disappointed the constitutionalists. Third, the "Constitution of the major tenets of the nineteen articles" is in the Wuchang Uprising under the heavy blows, the Qing government in order to tide over the crisis and the temporary concoction of the "Constitution". Its use of the responsible cabinet system, in the form of limiting the power of the monarch, expanding the power of the National Assembly and the Prime Minister, but with the constitutional monarchy to maintain the emperor's dominance, the people's democratic rights are not mentioned, exposing its deceptive and reactionary nature. Significance: While recognizing the conservatism and deception of the late Qing preparatory constitutionalism, we should also correctly view its positive significance: First, it accelerated the demise of the Qing Dynasty. The preparatory constitutional measures intensified the contradictions between the central and local governments, between the Manchus and the Han Chinese, and between the classes, and caused great confusion in the society, which accelerated its downfall. Secondly, the Qing government in the implementation of the "constitutional preparation" process, corresponding to the old political system reform, which narrowed the proportion of power between the emperor and the parliament, adjusted and transformed the monarchical authoritarian system, a direct impact on more than 2,000 years of authoritarian system of government, kicked off the prelude to the process of modernization of the politics of feudal China. Thirdly, the preparatory constitution spread the knowledge of constitutionalism, enlightened the idea of democratic politics, and cultivated a large group of intellectuals with preliminary democratic self-governing ability, laying a mass foundation for the development of the modern constitutional movement in China. Fourthly, the constitutional system of constitutional monarchy established by the Outline of the Qin Ding Constitution, under the historical conditions at that time, did not lose the democratic political elements, and objectively played a not insignificant impact on people's thinking at that time. The first constitution of modern significance in the history of China has its own value to be recognized. Fifth, the "qinding constitutional outline" although it has a strong feudalism, but after all, with the old traditional feudal code is different, it breaks the traditional structure of the traditional Chinese legal system, so that the constitution as a fundamental law independently of the criminal law, civil law and other common law, comprehensive, centralized provisions of the state and the social system of the basic principles. Sixth, the structure of the Outline of the Qin Ding Constitution is relatively complete. It has the name, body, appendix, and implementation date.

2. How did the Chinese legal system "all laws together" to "all laws separate"? A: China's long history of the legal system, from China's feudal society, the earliest of a rough system of feudal law code "law scripture", to the Qin dynasty in the "law scripture" on the basis of the development of the "Qin law", the Han dynasty "nine chapters of the law", the Sui dynasty "Kaihuang law", "Daiye law", the Tang dynasty "yonghuiluzhu", the Song dynasty, "song", Ming dynasty "Ming law", until the Qing dynasty, "Qing law", one after another, the formation of the Chinese system of law, the Chinese system of law, the Chinese law system. One of the basic features of the Chinese legal system is that "all laws are combined, and the civil and criminal law are not separated"; it integrates criminal, civil, administrative, and litigation contents, and adjusts all kinds of social relations by means of penalties. In such a legal structure, substantive law and procedural law is completely integrated, criminal law norms are exceptionally developed, civil law norms are in a subordinate position, the formation of a "heavy criminal and light civil" normative pattern. At the end of the Qing Dynasty, the law reform led to the disintegration of the Chinese legal system. With a series of new laws and regulations in the process of law revision, the traditional pattern of China's feudal legal system began to be broken, the continuation of thousands of years of the Chinese legal system began to disintegrate. The traditional Chinese legal system has undergone significant changes, the code of "the law, to the main criminal" style was replaced by the western style of a number of sectoral law **** with the composition of the system; to the guiding ideology and basic principles of Confucianism's program of ethics, "a book in the ritual", The legal culture, which was guided by Confucian principles and ethics, and characterized by "a book of rites" and "family-oriented", was subjected to a great impact of Western legal thought and legal principles, forming a new feature of the convergence of Chinese and Western legal cultures. The late Qing government's newly enacted laws, all reference to Western countries, especially the civil law countries of the legal structure of the model, thus completely remodeling the legal structure of the traditional Chinese legal system. For example, in the revision of the laws, China's first constitutional document was produced, stipulating the concepts and contents of congressional power, rights and obligations, which had never existed in the history of Chinese law. From 1902 to 1911, through large-scale legislative activities, the initial formation of a new legal structure based on public law and private law as the main body of the first step towards convergence with the world's laws, for China's eventual integration into the traditional civil law system laid the formal and ideological foundation.

The Xinhai Revolution overthrew the Qing dynasty, and the Qing court's legal reforms were not realized. However, the process of "separation of laws" of the Chinese legal system did not stop. The Republic of China period, the Chinese legal system "civil law system" of further development, basically formed a "civil law system" of "six law". The legal system of New China had two main sources: the revolutionary base law and the Soviet law. Revolutionary base area law was influenced by Soviet law on the one hand, and by the law of the then National Unification Area on the other. But the former was overt and the latter latent. The predecessor of the Soviet law was the Russian law as a member of the civil law system; the law of the Nationalist government, on the other hand, had been based on the civil law system since the end of the Ching Dynasty, and although there were constant changes in its content, it had its own habits or birthmarks of form, style, organization, and procedure that were difficult to escape. Therefore, the two sources of the new Chinese law are civil law system, and one of the characteristics of the civil law system is the "separation of laws".

3. Sun Yat-sen's Nanjing provisional government in the construction of the legal system. Answer: the provisional government of nanjing legal construction of many:

One is the provisional government of nanjing to develop a constitutional nature of the government organization law. Outline of Organization,*** 4 chapters and 21 articles. Its characteristics are mainly: (1) influenced by the U.S. Constitution, basically adopts the presidential system *** and system of government; (2) the central state organs of the distribution of power to implement the principle of separation of powers of the bourgeoisie; (3) the adoption of a unicameral system of parliamentary governmental system, the Senate is the national legislature. Its historical significance lies in the fact that, as a governmental organization law, the Outline of the Organization of the Provisional Government of the Republic of China functioned as a provisional constitution. It enabled the first government of the Republic of China headed by Dr. Sun Yat-sen to be established in accordance with the law, setting up a good beginning for the rule of law.

The second is the bourgeois democracy **** and national constitutional nature of the document "Provisional Covenant". The Provisional Covenant Law is the positive results of the Xinhai Revolution, but also at that time the domestic bourgeois revolutionaries, constitutionalists Yuan Shikai, led by the large landlords and buyers of the class and other political forces, under the covert intervention of the Powers, the product of the compromise of the mutual struggle. The purpose of the Provisional Covenant Law was to restrain Yuan by law, to prevent his dictatorship, and to defend the respect of the Republican system of government. The Provisional Covenant Law***7 chapters and 56 articles. Based on the theory of Sun Yat-sen's civil rights, it absorbed the western bourgeoisie's constitutional principles of "separation of powers", "sanctity of private property", "equality and freedom", etc., and was formulated. It was formulated to reflect the spirit of the Chinese bourgeois democratic revolution. Its main contents: (1) The Provisional Covenant Law recognizes the Republic of China as a democratic **** and state. It proclaimed in the form of a fundamental law the demise of the monarchical dictatorship of me and the state and the birth of the bourgeois democratic **** and state; (2) the establishment of a political system of separation of powers modeled on those of Europe and the United States. Prevent personal dictatorship, completely rejected the monarchical centralized authoritarian system of government; (3) specified the rights and duties of the people and the freedom to retain property and business. Characteristics of the Provisional Testament: (1) The form of power and the relationship of rights were stipulated in order to prevent Yuan Shikai's authoritarian dictatorship; (2) Strict procedures for amending the Provisional Testament were stipulated. Strict procedures were stipulated for amending the revision of the Constitution, which could only be made by more than 2/3 of the members of the Senate or the Provisional President, and with the presence of more than 4/5 of the senators and the consent of 3/4 of the members present. Historical significance of the Provisional Testament: (1) It abolished for the first time the feudal imperial system and the system of hierarchical privileges in the form of a fundamental law, and established the bourgeois democracy*** and the state system of the country. For the first time, democracy, equality and freedom, which the people yearned for, were given the benefit of law, a great initiative in Chinese history. It confirmed the positive results of the Xinhai Revolution, made the idea of bourgeois democracy **** and y rooted in people's hearts, aroused the consciousness of democracy, and laid the ideological foundation for the later opposition to the restoration of the imperial system. (2) It establishes the principle of democratic legal system, which is also a pioneering work in the history of Chinese legal system, in safeguarding the democratic rights, all according to the law, and completely rejects the feudal legal system.

Thirdly, other revolutionary decrees were promulgated. (1) to protect human rights and abolish the feudal system of hierarchical privileges. For example, it lifted the status of "untouchability" and prohibited the buying and selling of human beings; it improved women's rights; and it abolished the privileges of bureaucrats and eliminated the bad habits of government offices. (2) Promoting the "national soul" and eliminating feudal customs. Smoking and gambling were banned; foot-binding was prohibited; and the text of the "Announcement to the People that All People Should Cut Their Braids" was issued. (3) Rectify the rule of officials and appoint people on the basis of merit.

Fourth, the establishment of a new type of judicial system. (1) Establishment of a new type of judiciary. In order to implement the separation of powers and realize the bourgeois principle of judicial independence, the central government set up the "Provisional Central Magistracy", which was later renamed the "Court"; the local judiciary was called the "Trial Hall", and a four-tier, three-trial system was implemented. The central government set up the "Provisional Central Magistracy", later renamed the "Courts"; the local judiciary was called the "Judicial Office", and a four-tier, three-trial system was practiced. Judges were independent and free from interference by higher authorities. (2) Reform of the trial system. Following the example of Western civilization, the court promulgated the "Prohibition of Criminal Interrogation" and "Prohibition of Corporal Punishment" to abolish the feudal system of criminal interrogation and corporal punishment. (3) Adoption of the lawyer system. In order to ensure the legitimate rights and interests of the parties concerned, the draft Lawyers Law was drafted, and the lawyer defense system, the public trial system, and the jury system were introduced.

Nanjing Provisional Government legal construction, the provisional government legal system has a distinct anti-feudal progressive, to thousands of years of feudal legal system under the shroud of China brought a ray of new dawn, democratic *** and, sovereignty over the people, equality and freedom, the protection of human rights, judicial independence, the principle of the rule of law and so on began to take root in people's hearts and minds, reflecting the democratic ideology and the legal view, to improve the people's awareness of democracy, fight for human rights, and to safeguard the dignity of the country, has a great enlightening effect. National dignity, has a great enlightening effect, far-reaching significance.