The development and evolution of China's general feudal code?

Summarize the legal system of the Western Zhou (including the guiding ideology of the legal system, the legislative overview, the criminal legal system, civil legal system)

(1) the guiding ideology of the legal system

1. to match virtue with heaven

2. to be clear and prudent in punishment

3. to make penalties lighter and heavier in the world

4. It not only played a decisive role in the formation and development of various specific legal systems and their macro-legal system, but also was y rooted in traditional Chinese political and legal theory, and was regarded as the principle and standard of the legal system by the later generations, which had a far-reaching influence on the legislation and use of penalties for the feudal emperors in the later generations.

(II) Overview of Legislation

1. Manifestations of Legal Norms: Oaths; Letters Patent; Orders; Undisclosed Penal Books; Customary Law of the Zhou Clan with Rites as Specific Manifestations

2. Rites: The Zhou Rites were one of the most important manifestations of legal norms during the Western Zhou period. "Rites" refers to a series of spiritual principles and norms of speech and behavior that have existed for a long time in the ancient Chinese society to maintain the bloodline patriarchal relations and the patriarchal hierarchy. Rites originated in the Xia Dynasty, developed into legal forms during the Western Zhou Dynasty, and lost their role in regulating society during the Spring and Autumn Period and the Warring States Period. Rites are divided into two aspects: abstract spiritual principles and concrete ceremonial forms. Among them, the abstract spiritual principles are divided into two aspects: kissing and honoring. Kissing is the maintenance of the feudal family order, while honoring is the maintenance of the feudal patriarchal system. Beneath kinship and respect, specific spiritual norms such as "loyalty, filial piety and righteousness" were formed. The specific forms of etiquette are divided into five aspects, namely, "auspicious rites, bad rites, military rites, guest rites, and auspicious rites". The Zhou rituals already had the nature and function of law, and fully possessed the three major characteristics of law: normative, national will, and mandatory. Zhou rituals penetrate into all areas of society, playing a wide range of adjustment.

3. Lü Ting (呂刑): This is a record of the general situation of the legal reforms carried out by Lü Hou (呂侯), the chief of staff of the Zhou dynasty under the order of King Mu. The "Lü Ting" in the Shangshu is not a written law, but a record of this legal reform.

4. Nine punishments: First, the book of punishments of the Zhou Dynasty; second, the punishments of the Zhou Dynasty.

5. Posthumous and Yin Yi: Posthumous refers to the legacy system left by the previous king. Yin Yi refers to the customary law of the Shang Dynasty.

(3) Criminal Legal System

1. Crimes

(1) Political Crimes: the crime of disobeying the king's order; Thief (destroying the rites and laws); Zhi (concealing the thief);

(2) Crimes against the social order and against the person and property: Guanhao Raozhu Shaojiri (crime of mobbing and robbing the people); Thievery (stealing the property); and Treachery (stealing the state treasures)

(3) Malpractice: but the official (fear of power), but against (favoritism and perversion of the law), but within (favoritism and perversion of the law for relatives), but goods (corruption and perversion of the law), but to come (by the invitation of perversion of the law - good offices and accepting bribes)

2. Penalties

(1) Five punishments: ink, wakes, non, Gong, and Dapai. It began in the Xia Dynasty, developed in the Shang and Zhou Dynasties, and was influential in the Three Kingdoms, the two Jin Dynasties, and the North and South Dynasties, and has continued for thousands of years in Chinese history.

(2) Other penalties: Huan Tu system - equivalent to the later life imprisonment; Jia Shi system - equivalent to the later detention; credit sentence - began in the Xia Dynasty.

3. Principles of Penalty Application

(1) Principle of Reducing Penalties for the Elderly and the Young: The Three Excuses -- Old, Young, and Stupid

(2) Distinguishing Between Intentional and Misdemeanor, and Habitual and Occasional Offenders: The Three Excuses -- Misdemeanor, Unawareness, and Forgetfulness; Misdemeanor -- born; willfulness -- not born; habitual offender -- but end; occasional offender -- not end.

(3) The principle of mitigating punishment for doubtful crimes and emphasizing punishment for serious crimes

(4) The principle of moderate leniency and severity

4. The relationship between rites and punishments

(1) Rites and punishments are two inseparable components of the Western Zhou legal system, **** together they constituted a complete legal system at that time. Among them, the rites were an active norm, while the punishment was in a passive position, and the two complemented each other.

(2) "Rites are not inferior to the common people, the penalty is not a doctor" this legal principle began in the Western Zhou Dynasty. Rites are not inferior to the common people means that the common people can not act according to the etiquette of the nobles. And "the penalty is not the great masters" means that the great masters above the nobility crime, can get some forgiveness, in the application of punishment to enjoy certain privileges. But it does not mean that the scholar-daifu is not subject to punishment.

(D) civil legal system

1. Ownership and contract: the Western Zhou Dynasty, there is a special official to manage the contract, called the "Secretary of the contract", and there is a "pledge" as a specific market managers. Prime agent: the form of contract applicable to the sale relationship; Fu Bei: the form of contract for borrowing and lending relationship.

2. Marriage: three principles - monogamy; no marriage with the same surname; parental order; six rites - nacai, ask name, naji, nazheng, please period, kiss welcome; "seven out of the " - disobedience to parents, childlessness, lechery, jealousy, malignant diseases, verbosity, theft; "three no-go's" - marrying and not returning; three years of mourning with more; former poor and poor after the rich and powerful.

3. Patriarchal Succession: First-born son succession. (Early Shang Dynasty: father's death, son's succession, brother's death and brother's succession. (Late Shang Dynasty: first-born son inheritance system firmly established.)

(v) Judicial system

II. Summarize the guiding ideology of the legal system and the movement towards statutory law during the Spring and Autumn and Warring States periods.

(1) The guiding ideology of the legal system in the Spring and Autumn Period: the ruler and the ministers, the upper and lower classes, the nobles and the lowly were all governed by the law; matters were decided by the law; the law was spread to the public; the people were collected in the book

(2) The movement of the written law and its historical significance during the Spring and Autumn Period:

1. The "casting of the book of criminal law" of the State of Zheng: In 536 B.C.

1. the movement of publishing the written law for the first time in the Chinese history. The first movement in Chinese history to publish a written law.

2. Deng Qie's "Bamboo Penalty": 530 BC, a private work, which later became an official law.

3. Jin's "casting of the tripod": 513 BC, Fan Xuanzi. This was the second movement in Chinese history to publish a written law.

4. Others: the "Penal Instrument" of Song; the "Law of the Servant Area" and the "Law of the Mao Gate" of Chu.

5. Historical Significance of the Publication of Statute Law Movement in the Spring and Autumn Period:

(1) The Publication of Statute Law Movement was a kind of denial of the traditional legal concepts, the traditional legal system and the traditional social order.

(2) Objectively, it provided conditions for the further development of the feudal system.

(3) It signaled the development and progress of legal concepts and techniques.

(4) Accumulated experience for the development and improvement of feudal law during and after the Warring States period.

(3) The guiding ideology of the legal system in the Warring States period:

1. The rule of law as the basis of the state

2. No hierarchy of punishment

3. Heavier and lighter penalties

4. The law was spread among the people

(4) The main legislative movements in the Warring States period:

1. The Legal Classic

(1) Main contents: the first systematic feudal written law in the history of China. A relatively systematic feudal code of law. Author Li Yul. Title structure*** There are six -

1) "Theft Law", "Thief Law" - on the punishment of endangering national security, endangering others and infringement of property legal provisions.

2) The Law of Nets, also known as the Law of Prisoners, is a legal provision on imprisoning and trying criminals. The Law of Capture is a law that governs the pursuit of thieves, robbers and other criminals. The 〈Net Law〉 and the 〈Prisoner Law〉 are mostly concerned with the scope of procedural law.

3) 〈Miscellaneous Laws〉: It stipulates the six prohibitions.

4) 〈Miscellaneous Laws〉: Provisions on the principle of leniency and severity in conviction and sentencing, which is equivalent to the general part of the modern code. The entire code is permeated with the legalistic idea of leniency and severity in sentencing.

(2) Historical position: It is the first relatively systematic and complete feudal code in Chinese history, and has an important historical position in the history of Chinese feudal legislation. a. The 〈Fa Jing〉is an important achievement of the political reforms in the Warring States period, and also seems to be a typical representative and a comprehensive summary of the feudal legislation in the Warring States period. b. The style and content of the 〈Fa Jing〉are important foundations for the further improvement of the feudal code in the later times. c. The 〈Fa Jing〉is an important foundation for the further improvement of the feudal code. d. The 〈Fa Jing〉is an important foundation for the further improvement of the feudal code in the later times. B. The style and content of the Law Scriptures laid an important foundation for the further improvement of the feudal codified law in later times. From the point of view of style, the six chapters of the Law Scriptures were directly inherited by the Qin and Han dynasties and became the main chapters of the Qin and Han laws, which were further developed on the basis of the Wei and Jin dynasties and eventually formed a perfect code of law with the Names and Regulations as the general rule and the chapters as the sub-rules. In terms of content, 〈Fa Jing〉"theft", "thieves", "prisoners", "capture", "Miscellaneous", "with" the main content of the chapter for the later feudal code of inheritance and development.