Traditional Culture Encyclopedia - Traditional stories - What are the characteristics of ancient Chinese law?

What are the characteristics of ancient Chinese law?

1. Introduce courtesy into the law, and combine courtesy with law.

The concrete manifestations of the combination of etiquette and law are: etiquette is the leading factor and law is the criterion; With ceremony as its connotation and law as its representation; Immigrants' hearts are hidden by courtesy, and good and evil are revealed by law; Exaggerate the benevolent policy of loving the people with courtesy and exaggerate the fairness of a country ruled by law; Legalize morality by courtesy, and law can stop evil and persuade good; Add ceremony to the law to moralize the law and turn the ceremony into punishment. The combination of ceremony and law can effectively promote the operation of state machinery, which constitutes the most essential feature of Chinese legal system and is also the unique legal civilization of China.

2. Family-oriented moral and legal system

3. Law is a tool to rule the world, and law determines crimes.

4. No lawsuit is to seek and mediate disputes.

5. In the code system, "all laws are unified, and civil punishment is not divided", and in the legal system, "all laws coexist, and civil punishment is not divided"

In the code system, "all laws are combined and civil punishment is not divided" does not mean that "all laws coexist and civil punishment is divided" in the legal system. The so-called legal system refers to the whole law of various departments in China. Due to the complexity and diversity of social relations, the ways of legal adjustment are also complex and diverse, thus forming a number of departmental laws with different objects, which are relatively independent parts of the legal system. The legal system is the objective result of social development, not the product of any individual's subjective will.

As for the style of the code, it is the subjective product of legislators and the concrete application of legislators' legislative ideas, principles and technologies.

Therefore, they are two different concepts, which can't be confused, otherwise, there will be an understanding that is contrary to the real process of China's legal history.