What are the characteristics of traditional legal culture in China?

1, the national governance model of "treating punishment with courtesy" and "morality as the mainstay and punishment as the auxiliary"

Rites originated from the ancient religious ceremonies in China, and after entering the class society, they were transformed into the code of conduct embodying the hierarchical order, which had a wide influence. Its main function is "not expensive and humble, and the order has advantages and disadvantages".

According to Confucianism, to govern a country, we can't just severely punish the country and kill it with "killing". The provisions of criminal legal norms must be based on moral norms and evaluate the advantages and disadvantages of legislation, justice and law enforcement according to ethical principles. Moral adjustment is the main thing, supplemented by legal (penalty) adjustment, thus maintaining a kind and simple social order.

2. Pay attention to harmony and pursue the spiritual value of harmony.

The core of Confucian traditional legal culture is harmonious legal view. Confucian culture advocates such ideas as "harmony is precious, honesty is the foundation, the golden mean", "gentlemen are harmonious but different", "harmony is precious", "self-denial" and "don't do to others what you don't want". It believes that harmony can maintain social order better than conflict, attaches importance to harmony and unity, and advocates the golden mean.

Pursue the recognition and balance of the whole society, realize the normal operation of social and political order, and take the stability of political order as the highest goal.

3. artificially belittle litigation and pursue the judicial principle of no litigation.

Harmony is the highest value of China culture. For thousands of years, the highest standard for people to solve disputes is "harmony is precious", and feudal officials are more capable of avoiding litigation, paying attention to mediation and letting nature take its course. Thus, Confucian legal ideals such as "no litigation in prosperous times" and "world without thieves" were formed.

4. The dispute settlement mode combining justice, national law and human feelings.

The ancient society of China was mainly agricultural natural economy. The people live together by blood relationship and face to face by geographical relationship, and the relationship between them is intertwined and connected by branches and vines. Under this socio-economic and cultural tradition, harmonious coexistence is not only the common need of the broad masses, but also the hope of the rulers.

With the strong support of the government, clan mediation, neighborhood mediation, grassroots mediation and county mediation prevailed in ancient times. This shows that mediation to solve disputes has both the mass base and the needs of the government. Imperial edicts, village regulations and family laws became important ways to solve a large number of civil and minor criminal cases in ancient China.

5. Humanized legal system of caring for people's feelings and cautious punishment.

In the feudal legal system of more than 2,000 years in ancient China, based on the people-oriented thought and the need of governing the country by virtue, there are also many humanized systems in criminal law that are sympathetic to the people's feelings and light sentences. These valuable legal features and civilized traditions are undoubtedly an important historical reference for the current rule of law construction in China.