Traditional Culture Encyclopedia - Traditional festivals - Why did ancient Chinese laws focus on criminal law?
Why did ancient Chinese laws focus on criminal law?
First of all, the characteristics of ancient kingship in China determined its special demand for criminal law.
The family or group that gains the royal power is the winner among many competitors, and it needs criminal law to strengthen and maintain the winner's position.
Second, the need of China's ancient autocratic political system for a unified criminal law.
In ancient China, self-sufficient small-scale peasant economy, special social structure based on small private ownership economy, highly centralized political system and strong will to safeguard national unity made criminal law in a particularly important and prominent position in ancient laws.
Thirdly, the closed nature of China ancient society influenced the formation of the characteristics of "severe punishment" in ancient Chinese law.
Fourth, the ancient ruling class believed that strict laws were more effective and helped to warn people not to break the law or reduce illegal acts.
Extended data:
There were many legal forms in ancient China. Unlike modern laws, there were only a few laws, regulations and rules.
The ancient legal forms can be summarized as: punishment, law, law, decree, code, form, form, imperial edict, patent, division, ratio and example.
In a dynasty, several legal forms are often used at the same time, forming the legal system of that dynasty.
Different legal forms have different scope of use and different levels of effectiveness.
The ancient Chinese legal system has the following main features:
1, nationalism. The laws of past dynasties were expressed in the form of the emperor's personal will. Although the formulation of laws was specifically completed by courtiers, the power of examination and approval belonged to emperors, and emperors of all dynasties were above the law.
2. Combination of etiquette and law. In ancient Chinese law, ceremony occupies an important position. "Ceremony is the first and the foundation of politics" is both a moral norm and a legal norm.
3. Statutory privileges. Starting from maintaining the hierarchical system, ancient Chinese laws endowed aristocratic bureaucrats with various privileges.
4. Combination of laws. The ancient Chinese law first showed the combination of etiquette and law, and then formed the feudal code of combining various laws.
From the Warring States period when Li Kui wrote the Classic of Law to the laws of Qin, Han, Tang, Song, Ming and Qing Dynasties, criminal law was the main content, with litigation, civil and administrative contents. This mixed compilation form of various laws runs through all dynasties of feudal society.
Baidu Encyclopedia-Ancient Chinese Legal System
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