Legal system in the Spring and Autumn Period?

Legal system in the Spring and Autumn Period

(1) The Spring and Autumn Period and the Warring States Period was the period when ancient China society changed from slavery to feudalism. The basic feature of society is that "the ceremony collapses and the music is bad", and the feudal system is gradually established.

Confucianism is the earliest and most influential school of thought in the Spring and Autumn Period and the Warring States Period. Kong Qiu is the founder of Confucianism. His contribution lies in putting forward and establishing an ideological system with benevolence as the core and "fu Li" as the theoretical basis of the whole Confucianism, and constructing a Confucian legal ideological system. Monk followed Kong Qiu's thought system, and Xun Kuang greatly developed Kong Qiu's thought. He was the forerunner of combining Confucianism with law and unifying etiquette and law.

Confucianism advocates "rule by courtesy", "rule by virtue", attaches importance to "rule by man" and advocates "rule by courtesy", that is, it requires the establishment of a legal system and ideological system based on family, ethics and patriarchal clan hierarchy, and requires "courtesy" as the basic principle to guide legislation and justice. Advocating "rule by virtue" means that law is only an auxiliary means to establish and maintain moral norms such as "monarch, minister and son", advocating "education" and opposing killing without teaching; In the relationship between law and morality, relatively speaking, we despise the law and its mandatory role and attach importance to the influence of morality. Attaching importance to "rule by man" means attaching importance to the decisive role of individual rulers, especially the supreme ruler, in the process of governing the country, advocating that "saints" govern the country and that legislation and judicial power are concentrated in the hands of "wise" monarchs.

Legalism is a school that represents the interests of the emerging landlord class and advocates "ruling the country according to law" during the Warring States Period. Legalists advocate "political reform" and demand "ruling the country according to law" and "being divorced from the law". The founder of Legalism School was Li Kui in the early Warring States Period.

(2) At the end of the Spring and Autumn Period, the legal system changed greatly, that is, the event of "casting a punishment tripod" first appeared in Zheng and Jin States, and a written law centered on the protection of private property was promulgated. The appearance of the event of "Casting the Ding of Punishment" marked the appearance of ancient written law in China.

1. At the end of the Spring and Autumn Period, it was Zheng's son who first created the written law. In 536 BC, Zi Chan "cast the tripod for punishment", cast the law on the tripod and made it public. This is the first time that China promulgated laws in ancient times. This move was attacked by uncle Jin's doctor.

2. In 503 BC, when Zheng was in power, he killed Deng by bamboo. Bamboo Punishment was originally edited privately by Dr. Deng of the State of Zheng, and it has no legal effect. Only after being recognized by the state will it have legal effect.

3. In 5 13 BC, Zhao Yang and Yin Xun, ministers of the State of Jin, cast the State Code on an iron tripod and made it public. But it was opposed by Confucius.

4. It is an epoch-making legal event in the legal history of China that Zheng and Jin successively cast the sentence Ding. It declared the end of the legal form of slavery in China and the birth of written law, and marked the entry of ancient Chinese law into a new era.

(3) After Zheng Jin's written law, the emerging landlord class in the Warring States entered the political arena of various vassal states, carried out political reforms, formulated written laws, and set off a vigorous written law movement. Wei is the birthplace of the written law movement in Sanjin, which produced the monument of the written law movement, Fa Jing. In the state of Qin, Qin Law, the master of the written law movement, appeared.

(4) legal classics

The Canon of Law is the first systematic feudal code in the history of China. It was formulated by Li Kui of Wei State in the Warring States Period, and it was the crystallization of the written law movement, which had a far-reaching impact on later generations.

The Classic of National Law consists of six chapters: theft law, thief law, national law, arrest law, miscellaneous law and armed law. Theft and Thief Law is a legal provision on punishing endangering national security, hurting others and infringing on property. The Prison Law (also known as the Internet Law) is a legal provision on imprisonment and trial of criminals. The arrest law is a legal provision about chasing thieves. Miscellaneous law is mainly about crimes and punishments other than thieves, which plays a specific role in addition and subtraction.

The basic characteristics of the Classic of National Law are: protecting the private property and personal safety of the emerging landlord class; Maintain the autocratic monarchy and feudal rule order; Reflect the legalist thought of heavy punishment and light morality; Create a new style of compiling written code.

(5) With the reuse of Qin Xiaogong, Shang Yang carried out political reforms and made important reforms to the legal system of Qin State. The main contents are as follows:

1. Change the law into law. Shang Yang made many important supplements to Fa Jing, and established Qin's legal system on the basis of Fa Jing.

2. Rich country Qiang Bing Award for Emphasizing Agriculture. Promulgating the order of reclaiming grass and dividing production, and implementing the land policy of abandoning mines for construction, legally confirmed the legitimacy of feudal land ownership. In order to reward military achievements, the Law on Military Priests was promulgated, which is of great significance to abolish the system of "Shi Qing serving Lu".

3. Severe punishment by law. A series of specific measures for severe punishment have been formulated, including joint ethnic punishment, lenient punishment, controlling rape with punishment and offering a reward.

Shang Yang's political reform laid the foundation for the political and economic development of Qin State. Shang Yang's legal theory and practice were accepted by the monarchs of the Qin Dynasty, which directly influenced the Qin Dynasty's "heavy law and heavy punishment" and was the harshness of feudal laws.