The main characteristics, influence and position of China's legal system.

The main characteristics of China's legal system

1, combination of etiquette and law

Rite mainly refers to Confucianism, and the combination of etiquette and law has also experienced the process of opposition between Confucianism and law and then the confluence of Confucianism and law.

2. All laws are combined, regardless of punishment.

"Legality" means that the laws of various departments are uniformly promulgated without distinction, and "criminal law and civil law are indistinguishable" means that criminal law and civil law are mixed together. As far as the codification of China's legal system is concerned, it consists of criminal law, civil law, procedural law, administrative law, economic law and other legal departments.

3. Confucianism has far-reaching influence.

The essence of Confucianism has been integrated into China's traditional culture, including China's legal system, which is embodied in "ruling the country by virtue, ruling the country by courtesy, paying equal attention to etiquette and law", "combining leniency with severity, taking punishment in the middle", "emphasizing the rule of man as the king of politics", "no litigation", "stopping litigation" and "cautious punishment".

4. Heavy punishment is lighter than people.

Influenced by the small-scale peasant economy, "emphasizing agriculture and restraining commerce" and Confucianism, China's legal system shows the characteristics of heavy punishment and light punishment on the people.

5, the imperial power is supreme, and the law is a tool to safeguard the monarch.

From the Qin Dynasty to the Qing Dynasty, the monarchy in China was strong and lasting, which made the imperial power override the law. The form of law divides the title of monarch and minister, maintains the relationship between monarch and minister, severely punishes violations of imperial power and imposes heavy penalties.

The Status of China's Legal System

1. The Chinese legal system has the longest existence, mainly because of China's geographical independence and cultural independence. The legal system has stages, and the legal system in each historical stage of mankind will be different. Therefore, when mankind is in a new historical stage, it is necessary to learn from the legal systems of ancient and modern China and foreign countries, conduct new exploration and research, and establish a brand-new legal system.

2. China's legal system is the most rationalized.

3. The Chinese legal system has made China strong for two thousand years, safeguarded the basic national security and independence, and is the only special case in human history.

4. The legal system in China is relatively stable and seems to be expanding steadily.

The influence of China's legal system

Chinese legal system is one of the five legal systems in the world. It has a long history and is unique, and has made great contributions to human civilization ruled by law. China's national strength in ancient times was in the forefront of East Asia and even the world for a long time, forming a Confucian civilization circle in East Asia with China as the core. China's legal system naturally affects neighboring countries, especially the laws of the Tang Dynasty.

As a representative work of Chinese legal system, the Law of the Tang Dynasty transcended national boundaries and exerted 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 books issued during the period of Li Taizun in Vietnam were mostly based on the Law of the Tang Dynasty. Since the Tang Dynasty, the advanced and scientific nature of China's code has been respected by neighboring countries and regarded as the mother law. All neighboring countries have become countries covered by China's legal system.

Extended data

If it develops according to historical stages, the Chinese legal system can be roughly divided into four stages.

First, the legal form in the pre-national era.

The so-called pre-state period usually refers to the primitive social period, which roughly corresponds to the Yao, Shun and Yu era in China history. Although primitive society has not entered the legal form after class society, it cannot be denied that it has corresponding social rules. The understanding of this social rule constitutes the legal tradition of Chinese legal system. This legal tradition can be called moral punishment system.

Second, the legal form of the Bangguo era.

The so-called national period usually refers to the slave society period, which roughly corresponds to the Xia, Shang, Western Zhou and Spring and Autumn Period. Under this national form, a new code of conduct system, namely "Li", began to appear in the Chinese legal system.

And gradually replaced the status of "Germany". Because the code of conduct system of "punishment" still exists, a legal system with both ceremony and punishment has been formed.

Third, the legal form in the imperial period.

The so-called imperial period usually refers to the feudal social period, corresponding to the Qin and Han Dynasties to the Ming and Qing Dynasties. However, due to the emergence of this state form in the Warring States period, the Warring States period can be classified as this stage. The national form in this period has two characteristics: first, the expansion of monarchical power; The second is the formation of bureaucracy.

Fourth, the legal form in the Republic of China.

The so-called "Republic of China" period refers not to a historical period in modern China, but to a new national form, and all historical periods after the Revolution of 1911 can be regarded as such a historical form. At this stage, due to the invasion of western France and the prevalence of the thought of doubting the ancient times, interpersonal relationship was considered to be unfavorable to the needs of modernization, which made it suffer heavy losses.

Testing.

Baidu Encyclopedia-China Legal System