Characteristics of Ancient Ethnic Law in China

Legal analysis: the law is divorced from the imperial power and maintains the imperial power. 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. The combination of etiquette and law is based on Confucianism. In ancient Chinese law, ceremony occupies an important position. "Courtesy comes first, courtesy is the foundation of politics", and the ancient Chinese legal system has gradually formed many important basic characteristics in its long historical development process. Among them, there are some * * * characteristics that are generally consistent with the ancient legal systems of other countries in the world, and some unique personality characteristics that other countries do not have. In a sense, it is because of the existence and development of the latter that the ancient legal system of China is different from other countries in the world. For example, the ancient Chinese legal system has a strong patriarchal ethics, which is closely combined with the patriarchal hierarchy, and is often manifested in the high unity of state power, royal power, imperial power and clan power, patriarchy and husband power; The legal system implements the principle of combining ceremony with punishment, and the principle of "morality is the main punishment and auxiliary punishment" highlights the characteristics of "rule by courtesy", "rule by virtue" and "rule by man". The legal system adopts the mode of combining laws with punishment, and the legal relationship between civil, economic and administrative departments is often adjusted or sanctioned by criminal legal norms; The penalty system is quite brutal and cruel, including a large number of corporal punishment that destroys people's body, skin or physiological function; Wait a minute. Then, how is this part of the legal content or legal system characteristics formed? In other words, what caused these characteristics of ancient Chinese legal system? In this regard, legal historians have done some research, mostly based on the geographical environment, historical conditions, national characteristics, national character and many other factors in ancient China, and achieved certain results or basically the same views. It should be admitted that the starting point of this kind of research is basically correct. But unfortunately, some research conclusions may not be correct and to the point due to some problems of legal historical view or methodology. Here, we do not intend to comprehensively comment on all his views or conclusions, nor do we intend to systematically discuss all the reasons. We just want to make a brief analysis of some influential and problematic viewpoints according to our own views to clarify some historical facts. Please let me know if there are any mistakes.

Legal basis: Constitution of People's Republic of China (PRC).

Article 33 Anyone with China nationality is a citizen of China. All China people and citizens are equal before the law. The state respects and guarantees human rights.

Any citizen enjoys the rights stipulated by the Constitution and laws, and at the same time must fulfill the obligations stipulated by the Constitution and laws.

Article 34 China people and citizens who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education level, property status and length of residence; Except those who are deprived of political rights according to law.