What are the characteristics of the inheritance and innovation of ancient Chinese law?

An important part of China's ancient political system. From the Xia, Shang and Zhou Dynasties to the Ming and Qing Dynasties for more than 4,000 years, the development of ancient legal system in China was clear, rich in content and distinctive in characteristics. Legislation of the Past Dynasties Since the emergence of the state in ancient China, the ruling class began to make laws and establish a legal system through state organs. After thousands of years of development, a set of legal system with clear evolution and distinctive characteristics has gradually formed.

The ancient Chinese legal system has the following main features:

nationalism

China practiced autocratic rule in ancient times, and the "life" of the monarch in slave society was the law. The emperor of feudal society had supreme power and practiced personal dictatorship. He was both the highest legislator and the highest judge. The laws of past dynasties were expressed in the form of the emperor's personal will. Although the formulation of laws was specifically completed by courtiers, the power of examination and approval belonged to emperors, and emperors of all dynasties were above the law. Besides laws, the emperor can also issue decrees, orders and forms. Whenever necessary. "The law comes from the monarch", which further consolidated and strengthened the imperial power.

Combination of etiquette and law

In ancient Chinese law, ceremony occupies an important position. "Ceremony is the first and the foundation of politics" is both a moral norm and a legal norm. Qin Shihuang ruled the country by law. In the early Western Han Dynasty, it was generally "overlord and mixed soldiers". Since Emperor Wu of the Han Dynasty "ousted a hundred schools of thought and respected Confucianism alone", Confucianism has become the dominant political thought, and gradually formed a feudal legal thought system with the confluence of etiquette and law as its basic characteristics. Maintaining the "three cardinal guides and five permanents" has become the core content of feudal code, and the combination of morality and punishment and the combination of courtesy and punishment has become the legal principle. Many legal contents, from "quoting the classics to determine the prison", execution in autumn and winter, to the provisions of "ten major crimes" and "eight suggestions", all take the hierarchical ethical relationship of Confucianism as the standard of conviction or pardon, which is highly respected by rulers of all dynasties.

Statutory privilege

Starting from maintaining the hierarchical system, ancient Chinese laws endowed aristocratic bureaucrats with various privileges. The law of the Western Zhou Dynasty stipulates that "anyone who orders his husband to marry will not submit to prison proceedings"; In the Han Dynasty, there was a "please first" system, and the nobles and bureaucrats had to invite the emperor first in the trial of crimes. "Wei Fa" stipulated "Eight Views" according to "Eight Views". From the Sui Dynasty to the Tang Dynasty, the feudal privilege law developed continuously because of its inheritance, and the legal systems such as "discussion", "invitation", "reduction", "redemption" and "official position" stipulated in the Tang Law were concentrated. After the Tang Dynasty, it was recognized as an important content in the code of Song, Yuan and Ming Dynasties.

All laws are integrated, and the judiciary is subordinate to the administration, and there is no independent judicial power.

The ancient Chinese law first showed the combination of etiquette and law, and then formed the feudal code of combining various laws. From the Warring States period when Li Kui wrote the Classic of Law to the laws of Qin, Han, Tang, Song, Ming and Qing Dynasties, criminal law was the main content, with litigation, civil and administrative contents. This mixed compilation form of various laws runs through all dynasties of feudal society.

Under the feudal autocratic system, the emperor was the supreme ruler and judicial officer, who directly controlled the judicial power. Local judicial power belongs entirely to the chief executives at all levels. Although the central government has a special judicial organ, its activities are controlled by the emperor (monarchy). Supervisory administrative organs can also hear cases, but judicial organs often cannot exercise their functions and powers independently. There was no independent judicial power in feudal society, and the judicial organs were only vassals of the emperor and administrative organs controlled by the emperor. This system of combining administration with justice has lasted for thousands of years in China.