20 10 spring "Chinese legal history" formative assessment book answers

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Formative assessment of Chinese legal history homework 1 I, 1. Yu Xing II. Tang punishment 3. Four out of nine. Kill five. Qin 6. Brothers and sisters 7. Media 8. The guiding ideology of theocracy. Tian Li Bu 10. Seven people are out.

Second, ADABDDCBAD.

Three. 1 . ABC 2 . ABCD 3 . ABC 4 . CB D5 . ABCD 6 . ABCD 7 . BC 8 . BCD 9 . ABC 10 . ABCD。

Four. Explanation of terms 1. Pledge: the buyer and the seller each hold half. There are two kinds of bamboo slips: dragon (certificate) is called pledge, which is used to buy and sell slaves or cattle and horses; Short-term coupons are used to buy and sell weapons or rare items.

2. Six gifts: the procedure of marriage in the Western Zhou Dynasty: including receiving gifts, asking names, Naji, collecting coins, inviting parties and welcoming relatives. Later feudal society basically followed the six rites system of the Western Zhou Dynasty. Na Cai means that the man asks the matchmaker to propose to the woman, and the woman agrees to propose, and the man prepares a gift to propose. Seeking a name means that the man asks the matchmaker to give the woman an extra name and date of birth. Najib pointed out that after the man's family had a good omen, he prepared a gift to inform the woman's family and decided to get married. Zheng Na means that men's families give bride price to women's families, which is also called accepting the market. Invitation means that the man chooses the wedding date, prepares a gift to tell the woman and asks her for permission. Kissing is when the groom personally goes to the woman's house to get married. Six rites began in slave society and had a great influence on later generations. It is a combination of arranged marriage and buying and selling marriage, which is full of strong superstition. 3. Five Listening Comprehensions: The five ways for judges to observe the psychological activities of the parties in trial activities began in the Western Zhou Dynasty and had a great influence on later generations. "Zhou Li? Qiu Guan. " Small SiKou ""five times to listen to the prison lawsuit, ask people's feelings, listen; Second, listen to the color; Third, listen to the gas; Listen with four ears; Listen with five eyes. "Listening refers to listening to the statements of the parties. If you are wrong, you will be incoherent; Color listening refers to observing the expression of the parties and blushing when indefensible; Listening to qi refers to breathing when listening to the client's statement and breathing when indefensible; Hearing refers to observing the auditory reaction of the parties, and the hearing fails because of the inability to explain; Eyes and ears refer to observing the eyes of the parties, but not daring to face up to the mistakes. "Five Listening" shows a strong formalism, but it has certain reference significance in observing the psychological activities of the parties.

4. The first complete and systematic feudal law in the history of China. During the Warring States Period, Li Kui, the state of Wei, formulated the Fa Jing. On the basis of summarizing the legislative experience of various vassal states since the Spring and Autumn Period, Li Kui formulated the Six Classics. It was the earliest feudal code in China feudal society. There are six chapters in The Classic of Law, namely, theft, thief, prisoner, arrest, miscellaneous and preparation. Li Kui thought that "a king should not be a thief", so he put thieves and thieves at the beginning and the law equivalent to the general principles of criminal law at the end. From its content, we can see its class essence: first, its sharpness mainly points to farmers and other working people; Second, maintain the absolute monarchy system; Third, maintain the feudal hierarchy. In a word, the Code is a concentrated expression of the will and interests of the emerging landlord class and a violent tool for the feudal landlord class to suppress farmers' resistance. 5. Taking the past as a crime: The crime established by the Qin Dynasty was to accuse the realistic policies and systems with past examples.

A Case Study of verb (abbreviation of verb)

1. What's the difference between wives and concubines in Shang Dynasty when Shang and Zhou fought for the crown prince (1)? A: The status of wives and concubines is completely different, and they are in a very unequal position. Most of the concubines were forcibly married by the slave owners and nobles from the female slaves, and some of them were "married", that is, the slave owners and nobles married their wives and often married their daughters with their wives as concubines. Polygamy is because the private ownership in slave society determines the eldest son inheritance system. If polygamy occurs, it will lead to chaos in the throne, scramble for property and affect the ruling order of the slave class dictatorship.

(2) The meaning and significance of the eldest son inheritance system. A: The eldest son inheritance system is a system in which the eldest son born to his wife inherits the throne and titles. This system began in the late Shang Dynasty and was formally established in the early Western Zhou Dynasty.

The eldest son inheritance system determines polygamy under private ownership in slave society. If there is polygamy, there will be chaos and even war because of the struggle for property and throne. Therefore, wives and concubines are divided into sons and illegitimate children to avoid inheritance disputes and thus affect the ruling order of slave class dictatorship. The eldest son inheritance system is beneficial to the ruling order of the slave owner class.

2. The case of 1 illustrates the main contents of the reform of commercial seedlings in combination with teaching materials. A: Shang Yang carried out two reforms in Qin State, the first reform (359 BC). The key point is to combat the political power of slave owners and nobles. The specific contents are as follows: first, rectify the household registration, establish the law of sitting, and prevent hiding bad people; The second is to reward traitors; Third, reward agricultural production; Fourth, reward soldiers. The second political reform (350 BC). The emphasis is on the abolition of the land system of slavery. The specific contents are as follows: First, further emphasize the household life; Second, abolish the enfeoffment system and generally establish the county system; Third, abolish the well field system and establish the feudal private ownership of land; Fourth, a unified measurement system. The significance of Shang Yang's political reform lies in the fact that the reform promoted the development of feudal relations of production, made Qin increasingly strong, and became the first of the six countries among the "Seven Heroes" in the Warring States Period, laying the foundation for the great cause of Qin Shihuang's reunification.

(2) Please describe the concepts of punishment, law and law. A: Etymologically, the Chinese character "Fa" does mean "Ping", "Zheng", "Straight" and "Fair Judgment". Another word closely related to the word "Fa" is "Fa". According to the explanation, "regular and even distribution". It can be seen that "law" always refers to a standard for judging fairness, justice and integrity, and "law" mainly emphasizes what everyone must abide by. The combination of "law" and "law" means that "law" is a kind of "law" which contains the criteria of fairness, justice and integrity confirmed by the state. The word "Fa" was widely used in the late Qing Dynasty and the early Republic of China, which is said to be influenced by Japan.

Book assignment 2 for formative evaluation of Chinese legal history answers

First, multiple-choice questions BCDACCDDBD

Second, the multiple-choice question1.abcd2.abcd3.acd4.abcd5.abcd6.bcd.

7.BD 8。 ABC 9。 ABCD 10。 B.C.

Third, the noun explanation 1. Kissing each other is the first concealment: a certain range of relatives are allowed to conceal a crime. According to the Han law, inferiority and respect do not bear criminal responsibility; Humble young people who commit capital crimes by honoring their parents should be punished, but they can ask for relief. Humble young people who commit ordinary crimes do not bear criminal responsibility. 2. Officials: The feudal society in China means that officials can use official goods or titles to offset the punishment of imprisonment and exile. This provision was first seen in the laws of the Northern Wei Dynasty, followed by Sui Law and Tang Law. According to the law of the Tang Dynasty, officials with more than five qualities can be fined for two years for personal crimes (crimes committed for private affairs or for jobbery) and three years for "public crimes" (crimes committed for official duties); Officials above grade nine can be sentenced to one year for "private crimes" and two years for "public crimes". There is no such provision in Ming and Qing laws. 3. On Tang Law: The interpretation of Tang Law is the interpretation of Yong Hui Law, which is a model for us to study Tang Law, a model for China feudal code and a representative of Chinese legal system. At the beginning of the Tang Dynasty, the Law of the Tang Dynasty was formulated on the basis of the Huang Kai Law of the Sui Dynasty. Yonghui Law is a code compiled by Tang Gaozu and Sun Chang Wuji according to the Martial Arts Law and Zhenguan Law, with a total of 20 articles and 502 articles. The title of the article is named in turn as: famous cases, guards, job system, household marriage, stable warehouse, unauthorized use, thieves, litigation, fraud, miscellaneous, arrest and death, prison break, etc. Yonghui Law is the most complete feudal code in China. Its main content is to protect the feudal land ownership, maintain the feudal patriarchal clan system, strengthen the emperor's power, and rule and suppress farmers. The full text is preserved in Tang Law. 4. Song Punishment System: It took four years to compile Song Jianda's Detailed Punishment System, referred to as Song Punishment System. This is the first feudal code published in the history of China. Its provisions are only a copy of the Tang law, and the changes are as follows: (1) the method of "folding sticks" has been added; /kloc-Article 209 of the criminal norms from the late Tang Dynasty to the early Song Dynasty collected during 0/50 years is attached to this law. The number of articles is still 12 and 502, but there is a door under each article, totaling 2 13. 5. Autumn trial: Autumn trial is a trial system in the Qing Dynasty, which developed from the Ming Dynasty. The trial in Qing Dynasty was divided into trial and autumn trial. The object of the autumn trial is to review the prisoners sentenced to death reported by various provinces. The autumn trial began in the fifteenth year of Shunzhi. First, the provincial governors are required to review all cases of beheading and beheading in prison in the province (equivalent to a modern reprieve), and put forward four handling opinions respectively: (1) facts. The crime is true and the charge is appropriate. Please execute the death penalty. (2) Deferred decision. Although the case is true, it is not harmful, and it can be reduced to three thousand Li, or reduced to alcohol and tobacco, or remanded in prison. (3) It is regrettable. If the case is true, but there is something regrettable or suspicious, the death penalty can be exempted, and it is generally reduced to a disciple or a rogue. (4) Stay and support. If the case is true and the fee is appropriate, but there is a situation of being old and single, the person who meets the conditions for applying for guardianship is required to make a ruling according to the guardianship situation.

Four. Case study 1. Ti Ying wrote to save his father. (1) Slave Five Penalties A: Slave Five Penalties: Mo (Mo), Mo, Mo, Gong and Da Bi. Ink punishment is to apply ink on the face or forehead of a criminal after lettering; Whipping is cutting the nose; If you are punished, your feet will be broken; Castration is a punishment for men to cut off their genitals and women to be claustrophobic; The great monarch is the death penalty. (2) Analyze the reasons why Emperor Wen abolished corporal punishment. A: This criminal system reform, which lasted for more than 20 years after the Emperor Wen Jing, embodies a system reform and is a process from imperfection to perfection. Later generations think that this is out of "pity" for the right, which embodies the rule of virtue by Emperor Wen, but its essence lies in the development of social economy. Rulers should not only punish criminals, but also preserve their ability to work, so as to facilitate their rule. However, it is of great significance in the legal history of China. It is a sign and a turning point for China's ancient criminal system to enter a more civilized stage from barbarism. It laid the foundation for the establishment of feudal five punishments and was also conducive to the development of feudal economy. (3) The legislative guiding ideology in the early Han Dynasty. A: From the early Han Dynasty to the Wenjing period, the guiding ideology of the rule of law was based on the thought of Huang Lao and supplemented by the thought of Legalism. At the beginning of the Han Dynasty, due to the tyranny of the Qin Dynasty and years of war, social production was seriously damaged. Rulers need a relatively stable situation, so that people can rest and have children, resume and develop production, and consolidate the newly established feudal regime. At this time, Liu Bang summed up the lessons of Wu Qin as a reference. Liu Jia, a subordinate of Liu Bang, put forward that "Tao is greater than inaction" according to Huang Lao's thought and the social situation at that time. At that time, the ruling class from the emperor to the prime minister respected Huang Lao's thought. The Wenjing period is particularly remarkable. The idea of governing by doing nothing is embodied in the guiding ideology of legislation, that is, "paying less attention to taxation" and "taking measures to save punishment" As a result, there has been a prosperous scene of production development and improvement of people's lives. (4) Types of imprisonment in Qin and Han Dynasties. A: The prison sentences in the Qin Dynasty were: A, B and M.. Cheng Dan is suitable for male prisoners, that is, forcing male prisoners to build the Great Wall during the day. For female prisoners. The Qin Dynasty punished the female prisoners who committed crimes according to their physiological conditions. The prison term is the same as that of Cheng Dan. B.ghost wages and white money. Ghost pay, applicable to male prisoners; White charm, suitable for female prisoners. Ghost pay refers to forcing male prisoners to go up the mountain to cut firewood for the purpose of offering sacrifices to ancestral temples. The white curse refers to forcing female prisoners to choose rice to make it white, so as to sacrifice to the ancestral temple. Both sentences are three years. Scott, act like Scott. Scooters, that is, forcing male prisoners to hard labor in remote areas, are mainly engaged in resisting foreign invasion, and their sentences are two years. For example, it is applicable to female prisoners, which is equivalent to private deduction. Even forcing female prisoners to accept the penalty equivalent to resisting foreign invasion, the sentence is also two years. D. punishment and repetition. "Punishment, applicable to male prisoners, refers to forcing male prisoners to garrison in remote areas, with a term of imprisonment of three months to one year. Copy, suitable for female prisoners. Is to force female prisoners to work hard in the government. Punishment and reform are the lightest punishments, ranging from three months to one year. The imprisonment in the Han Dynasty basically followed the imprisonment in the Qin Dynasty: A. Cheng Qidan (5 years' imprisonment). B. Finally become a city girl (4 years in prison). C. ghost salary (3 years imprisonment). Ding Scott and Zuo Ru Ru Scott (2 years in prison). E. Men are punished and women are reformed (1 year imprisonment -3 months). F. Female apprentice Gu Shan. (It means that if a woman commits a crime and is sentenced to prison for chopping wood with a ghost's salary, she can spend 300 yuan every month to hire someone instead of serving her sentence herself.

2. Sun Chang Wuji entered the palace with a knife (1) "Eight Discussions" Answer: The feudal dynasty of China stipulated that eight kinds of crimes should be reported to the emperor for special approval before the punishment could be reduced or exempted. Eight-part essay evolved from Zhou Li, Qiu Guan and Tongkou. When Cao Wei formulated Wei Law, he changed the eight arguments to eight arguments, saying that "the son of a hero should be discussed by others". "Eight Opinions" was formally written into the code from Wei Law and became a basic principle of criminal law. This successor followed the laws of the Ming and Qing Dynasties. The so-called "Eight Discussions" include discussing relatives (imperial relatives), discussing the past (old emperors), discussing sages (so-called ministers with feudal virtues), discussing abilities (so-called ministers with great talents), discussing merits (people who have made great contributions to the feudal dynasty), discussing nobles (high officials and dignitaries), discussing diligence (people who have special diligence in feudal rule) and discussing guests (first) This is the legal expression of feudal hierarchy, and it is codified. (II) Contents of "Ten evils" A: To develop the "Ten evils" in the laws of the Northern Qi Dynasty into "Ten evils" is to put the ten most serious crimes that endanger the fundamental interests of feudal countries in the first place in the law, so as to emphasize that these ten crimes are the main targets of attack. Strengthen the suppression of acts that endanger the feudal ruling order; The so-called "ten evils" refer to rebellion, rebellion, evil rebellion, immorality, disrespect, unfilial, discord, injustice and civil strife. (3) The relationship between "Eight Opinions" and "Ten Evil". A: "Eight opinions" refers to eight categories of people who commit crimes and enjoy the privilege of being exempted from punishment or commutation according to law, and the privilege of feudal nobles. This is the legal expression of feudal hierarchy, and it is codified. Set up a special article on "Ten evils" in the law of famous examples to emphasize the seriousness of these crimes. (2) People who commit the crime of "ten evils", even if they fall within the scope of the eight opinions, are not allowed to enjoy the care of discussion, invitation or reduction. ) "stereotyped writing" and "ten evils" complement each other, and * * * both serve feudal rule.

3. How to strengthen centralization in Hulan Prison (1) in the early Ming Dynasty: First, establish the legislative guiding ideology of treating troubled times with severe punishment. First of all, it is important to treat troubled times. It is embodied in two aspects: emphasizing the rule of officials and emphasizing the rule of the people. Zhu Yuanzhang believes that the stability of the country depends first and foremost on whether the feudal state can effectively manage officials at all levels. He tried to better govern the people and the country and strengthen centralization by emphasizing the rule of officials. Secondly, both ceremony and punishment are used. Zhu Yuanzhang also realized from history that blindly emphasizing repression and relying only on severe punishment can achieve temporary results, but it cannot fundamentally solve the problem. He advocated the combination of etiquette and law, organically combining the function of etiquette to prevent crime with the function of law to suppress crime. It not only insists on severe punishment and strict law, but also emphasizes moral education, the combination of Confucianism and law, and the combination of ceremony and punishment. Third, strengthen legal publicity. Zhu Yuanzhang combined legislation with legal publicity to let people know how the law is stipulated and educate people with practical cases. Second, it is forbidden for lieutenants to form cliques with internal and external officials. In view of the lessons of courtiers in Tang and Song Dynasties, the rulers of Ming Dynasty took a series of measures, such as abolishing the prime minister system and prohibiting harem and eunuchs from interfering in state affairs. In the Daming Law, there is also a special article on "traitors", which stipulates: "If officials of the DPRK and China make careless friends and disturb state affairs, they will all be beheaded, their wives and concubines will be slaves and their property will be confiscated." "If a crime is committed, the law will impose the death penalty, and its ministers, small officials, witty excuses, and secretly invite people's hearts." ; "If the officials of the Ministry of Punishment and the yamen do not enforce the law and obey the orders of their superiors, they commit the crime of entering the country" and so on, which constitute treason and should be severely punished: I will be put to death, my son will be a slave and my property will be confiscated. The third is to severely suppress the resistance that endangers the absolute monarchy. Ming law adopts the principle of aggravating felony punishment for "rebellion". For example, anyone who conspires against the government will not only be executed in that year, but also his implicated relatives, including grandfather, father, son, grandson, brother and cohabitee, regardless of their surnames, similarities and differences between uncles and brothers, and regardless of their illness or abandonment, all those who have reached the age of 16 will be executed. The scope of the implicated law is much wider than that of the Tang Dynasty. The third is to severely punish corrupt officials. The Daming Law stipulates that the so-called "stealing money by bending the law" is severely punished with money, and there are always 70 to 80 people. For stealing from the inside, regardless of the first obedience and theft, the sentence will be executed at the age of 40; For the so-called "Feng Xianguan" who performs supervisory duties, if he commits the crime of corruption, he will be given second-class punishment than other officials. (2) Zhu Yuanzhang's legislative guiding ideology in the early Ming Dynasty A: The Ming Dynasty was in the late feudal society of our country. In order to keep the political and economic situation from being seriously damaged, the absolute monarchy has been strengthened and developed into an extreme procedure. The legislative guiding ideology of this period was established by the founding emperor Zhu Yuanzhang, which had a far-reaching impact on the legislative activities of the whole Ming Dynasty. The first is to treat troubled times with heavy codes. It is embodied in two aspects: emphasizing the rule of officials and emphasizing the rule of the people. Zhu Yuanzhang believes that the stability of the country depends first and foremost on whether the feudal state can effectively manage officials at all levels. He tried to better govern the people and the country and strengthen centralization by emphasizing the rule of officials. The second is the combination of ceremony and punishment. Zhu Yuanzhang also realized from history that blindly emphasizing repression and relying only on severe punishment can achieve temporary results, but it cannot fundamentally solve the problem. He advocated the combination of etiquette and law, organically combining the function of etiquette to prevent crime with the function of law to suppress crime. It not only insists on severe punishment and strict law, but also emphasizes moral education, the combination of Confucianism and law, and the combination of ceremony and punishment. The third is to strengthen legal publicity. Zhu Yuanzhang combined legislation with legal publicity to let people know how the law is stipulated and educate people with practical cases. (3) Zhu Yuanzhang's measures to punish officials: The Ming Dynasty severely punished corrupt officials from the perspective of safeguarding the fundamental interests of feudal countries. The first is the formulation of Da Gao in Ming Dynasty. It was a special criminal law formulated by Zhu Yuanzhang himself during Hongwu 18-20 years, and it was also Zhu Yuanzhang's advice to his subjects. It is Zhu Yuanzhang's proposition, practice and measure to treat troubled times with heavy code, especially officials with heavy code. The Great Guardian consists of four articles, 236 articles, * * *. The content is a compilation of typical cases of punishing corrupt officials. The second is to take severe measures to severely punish corrupt officials. The Daming Law stipulates that the so-called "crime of bending the law and accepting bribes" that has suffered financial abuse will be severely punished, and staff members will always be turned away; For stealing from the inside, regardless of the first obedience and theft, the sentence will be executed at the age of 40; For the "Feng Xianguan" who performs supervisory duties, if he commits the crime of corruption, he will be given a heavier punishment than other officials. "Da Gao" in the Ming Dynasty also focused on cracking down on corrupt officials, and the punishment was cruel, such as "stripping the real grass". (4) The Daming Law forbids the liegeman to form a party. A: In view of the lessons learned by courtiers in the Tang and Song Dynasties in forming groups, weakening imperial power and decentralizing ruling power, the rulers of the Ming Dynasty adopted a series of measures, such as abolishing the prime minister system and prohibiting harem and eunuchs from interfering in state affairs. In the Daming Law, there is also a special article on "traitors", which stipulates: "If officials of the DPRK and China make careless friends and disturb state affairs, they will all be beheaded, their wives and concubines will be slaves and their property will be confiscated." "If a crime is committed, the law will impose the death penalty, and its ministers, small officials, witty excuses, and secretly invite people's hearts." ; "If the officials of the Ministry of Punishment and various government offices do not enforce the law and obey the orders of their superiors, they commit the crime of entering the country". All constitute treason and should be severely punished: I will be put to death, my wife will become a slave and my property will be confiscated.

Book assignment 3 for formative evaluation of Chinese legal history answers

1. Constitutional measures of the Qing government and their significance to the modernization of China's legal system? A: The Qing government's constitutional measures: From 1840 Opium War to 190 1, the Qing government faced the situation that foreign powers occupied China. 1905, the Qing court sent ministers to inspect the constitutionalism of various countries in order to emulate the prosperity of the country. It has three purposes: first, the throne is permanently fixed; The second is to resist foreign aggression; Third, there are both the right to cut the vassal and the right to unify. The implementation of preparatory constitutionalism was the result of the failure of the Qing court. 1906, the Qing government set up the political examination office, and the next year it was transformed into the constitutional compilation office as an office for preparing for constitutionalism. Since then, some preparatory activities have been carried out. First, set up an advisory committee and prepare to set up an advisory council. Second, the Outline of the King James Constitution was formulated and promulgated, and the nine-year constitutional government was announced in 1908. The essence of the outline is: the monarch is sacred and inviolable; The monarch monopolized the sovereignty; Subject enjoys due rights and obligations according to law. The most prominent feature of the Outline of the Constitution formulated by the king in the late Qing Dynasty is that the emperor has exclusive power and the people have no right. Its fundamental purpose is to maintain feudal absolutism. On the one hand, it aroused the public's anger, but also disappointed the constitutionalists. Third, Article 19, a major creed of the Constitution, was a "Constitution" improvised by the Qing government to tide over the crisis under the heavy blow of Wuchang Uprising. It adopts the responsibility cabinet system, which limits the monarchy in form and expands the power of Congress and Prime Minister. However, it maintained the emperor's ruling position in the form of constitutional monarchy, and made no mention of the people's democratic rights, exposing its deception and reactiveness. Significance: While recognizing the conservatism and deception of the preparatory constitutionalism in the late Qing Dynasty, we should also treat its positive significance correctly: First, it accelerated the demise of the Qing Dynasty. The measures to prepare for constitutionalism intensified the contradictions between the central and local governments, Manchu and Han, and classes, which caused great social chaos and accelerated its demise. Second, the Qing government reformed the old political system in the process of "preparing for constitutionalism", narrowed the power ratio between the emperor and the Congress, and adjusted and reformed the autocratic monarchy system, which directly impacted the autocratic regime for more than 2,000 years and started the political modernization of feudal China. Third, the preparatory constitutionalism spread the constitutional knowledge, enlightened the democratic political thought, trained a large number of intellectuals with initial democratic autonomy, and laid a mass foundation for the development of the modern constitutional movement in China. Fourthly, the constitutional monarchy established in the Outline of the King James Constitution did not lose the elements of democratic politics under the historical conditions at that time, and objectively had a great influence on people's thoughts at that time. The first modern constitution in the history of China has its positive value. Fifth, although the Outline of the King James Constitution has a strong feudal nature, it is different from the old traditional feudal code. After all, it broke the traditional structure of China's traditional legal system, made the Constitution a fundamental law independent of criminal law, civil law and other common laws, and comprehensively and centrally stipulated the basic principles of the state and social system. Sixth, the structure of the Outline of the King James Constitution is relatively complete. With the name, text, appendix and implementation date.

2. How did "legality" in China's legal system move towards "division of law"? A: China's legal system has a long history, from the earliest feudal code of China to the Qin Law, the Nine Chapters Law of the Han Dynasty, the Law of Opening the Emperor and the Great Cause Law of the Sui Dynasty, the Yonghui Law of the Tang Dynasty, the Criminal Law of the Song Dynasty and the Law of the Ming Dynasty. It integrates criminal, civil, administrative, litigation and other contents, and adjusts various social relations by means of punishment. In this legal framework, substantive law and procedural law are completely integrated, criminal legal norms are extremely developed, and civil legal norms are in a subordinate position, forming a normative pattern of "heavy punishment and light people". The reform and amendment of laws in the late Qing Dynasty led to the disintegration of China's legal system. With the appearance of a series of new codes and regulations in the process of legal revision, the traditional pattern of feudal legal system in China began to be broken, and the Chinese legal system, which lasted for thousands of years, began to disintegrate. Great changes have taken place in China's traditional legal system, and the style of code "all laws are governed together, with punishment as the main" has been replaced by a western-style system composed of multiple departmental laws; The legal culture with Confucian ethics as its guiding ideology and basic principles and "one book as a gift" and "family-oriented" as its basic characteristics has been greatly impacted by western legal thoughts and legal principles, forming a new feature of the convergence of Chinese and western legal cultures. The laws newly formulated by the government in the late Qing Dynasty all refer to the legal structure model of western countries, especially countries with civil law system, thus completely transforming the legal structure of China's traditional legal system. For example, the first constitutional document in China was produced during the revision of the law, which stipulated the concepts and contents of the power, rights and obligations of the Congress that had never existed in the legal history of China. From 1902 to 19 1 1, through large-scale legislative activities, a new legal framework with public law and private law as the main body was initially formed, which took the first step to integrate with the world law and laid the formal and ideological foundation for China to finally integrate into the traditional civil law system.

The Revolution of 1911 overthrew the Manchu Dynasty, and the legal reform of the Qing court ended without a cause. However, the process of "legal division" in China has not stopped. During the Republic of China, the further development of China's legal system of "mainland legalization" basically formed the "Six Laws Complete Book" of "mainland legalization". The legal system of new China has two sources: one is the revolutionary base law, and the other is the Soviet law. On the one hand, the laws of the revolutionary base areas were influenced by the laws of the Soviet Union, on the other hand, they were also influenced by the laws of the Kuomintang-controlled areas at that time. But the former is public and the latter is potential. The predecessor of Soviet law is Russian law as a member of civil law system; Since the late Qing Dynasty, the laws of the Kuomintang government have been based on the civil law system. Although the content is constantly changing, it has its own habits or birthmarks in form, style, organization and procedure. Therefore, the two major sources of law in New China belong to the civil law system, and one of the characteristics of the civil law system is the "separation of laws and regulations".

3. Sun Yat-sen's achievements in the legal construction of Nanjing Provisional Government. A: The Nanjing Provisional Government has made many achievements in legal construction:

First, the Nanjing Provisional Government has formulated a constitutional organization law. Outline of the organization, * * * Chapter 4, article 2 1. Its characteristics are as follows: (1) Influenced by the American Constitution, it basically adopts the presidential system and political system; (2) The power distribution of the central state organs implements the bourgeois principle of separation of powers; (3) Adopt a unicameral parliamentary political system, with the Senate as the national legislature. Its historical significance lies in that, as an organic law of the government, the Outline of the Provisional Government of the Republic of China has played the role of an interim constitution. It enabled the first government of the Republic of China, headed by Sun Yat-sen, to be established according to law, setting a precedent for the rule of law.

Second, the interim constitution, a document with bourgeois democracy and China's constitutional nature. The Provisional Constitution is the positive result of the Revolution of 1911, and it is also the product of the struggle and compromise of the domestic bourgeois revolutionaries, the big landlord comprador class headed by the constitutionalist Yuan Shikai and other political forces under the covert intervention of the great powers. The purpose of formulating the Provisional Covenant Law is to try to restrain the Yuan family by law, guard against its autocratic power and defend the respected Republican regime. Chapter 7, Article 56 of the Provisional Treaty Law. Based on Sun Yat-sen's democracy, it absorbed the constitutional principles of the western bourgeoisie, such as "separation of powers", "inviolability of private property" and "equality and freedom", and embodied the spirit of bourgeois democratic revolution in China. Its main content: (1) The Provisional Treaty Law recognizes the Republic of China as a democratic republic. In the form of fundamental law, it declared the demise of China's absolute monarchy and the birth of bourgeois democracy and China. (2) follow the example of Europe and America to establish a political system of separation of powers. Prevent individual dictatorship from completely denying monarchy; (3) stipulates the rights and obligations of the people and the freedom to keep property and business. The characteristics of the Provisional Covenant Law are as follows: (1) The form of political power and the relationship of rights stipulated are to prevent Yuan Shikai's autocracy; (2) It provides strict procedures for amending the Temporary Contract Law. It stipulates a strict procedure for amending the Constitution, which must be proposed by more than 2/3 members of the Senate or the interim president, and can only be carried out after more than 4/5 senators are present and 3/4 members present agree. Historical significance of the Provisional Constitution Law: (1) It abolished the feudal monarchy and hierarchical privilege system in the form of fundamental law for the first time, and established a bourgeois democratic state system. For the first time, it is a great pioneering work in the history of China to give legal benefits to democracy, equality and freedom that people yearn for. Affirmed the positive results of the Revolution of 1911, made bourgeois democracy and thoughts deeply rooted in people's hearts, aroused democratic consciousness, and laid an ideological foundation for opposing the restoration of monarchy in the future. (2) The principle of democracy and legal system established by it is also a pioneering work in the legal history of China. It adheres to democratic rights, acts according to law, and completely denies the feudal legal system.

Third, promulgate other revolutionary decrees. (1) Protect human rights and abolish the feudal hierarchical privilege system. If the status of "untouchable" is lifted, it is forbidden to buy and sell people; Improving women's rights; Abolish bureaucratic privileges and get rid of bad habits of government agencies. (2) Carry forward the "Soul of China" and get rid of feudal bad habits. Smoking and gambling are prohibited; Persuade against foot binding; Released "Little Stone People Can Cut Braids". (3) Rectify bureaucracy.

Fourth, a new judicial system has been established. (1) Establish a new judicial organ. In order to implement the legal principles of bourgeois separation of powers and judicial independence, the central government established the "temporary central court", which was later renamed the "court"; The local judicial organ is called the "trial hall" and implements the system of four levels and three trials. Judges judge independently, without interference from superiors. (2) Reform the trial system. Imitate the trial mode of western civilization, promulgate "no torture" and "no corporal punishment", and abolish the feudal system of corporal punishment by torture. (3) Adopt the lawyer system. In order to ensure the legitimate rights and interests of the parties, a draft lawyer's law was drafted, and a lawyer's defense system, an open trial system and a jury system were implemented.

The legal system construction of Nanjing Provisional Government has a distinct anti-feudal progress, which has brought a new dawn to China under the shadow of feudal legal system for thousands of years. Democracy, sovereignty in the people, equality and freedom, protection of human rights, judicial independence, legal principles, etc. have begun to take root in people's hearts, reflecting the concept of democracy and legal views, which has great enlightenment and far-reaching significance for improving people's democratic consciousness, fighting for human rights and safeguarding national dignity.