The main characteristics of ancient Chinese law

The main features of ancient Chinese law:

1, the law comes from the monarch and the power is long.

The monarch enjoys the highest legislative power and decides the formulation and amendment of laws. The law also regards the maintenance of monarchy as an important task. Monarchs and ruling groups attach importance to formulating and applying laws, consolidating political stability and maintaining social order. This tradition is determined by the characteristics of ancient farming civilization and has profound social, historical and cultural origins.

2. All laws coexist and civil penalties are divided.

In ancient China, the code compilation kept the style of "the law is unified, and civil punishment is not divided", but in the legal system, various laws coexist and civil punishment is separated, that is, the legal system consists of criminal law, civil law, administrative law, procedural law and other legal departments.

3, family-oriented, ethical rule of law.

The combination of patriarchal clan system and politics has created a unique system of family and country integration and pro-expensive integration. Ethics advocated by Confucianism has become an important content and basic spirit of law. The harmonious development of moral legalization and legal moralization has become an important feature of traditional legal system.

4, mediation, no litigation is seeking.

Non-litigation is the value orientation of China's ancient legal system construction, and mediation is an important means to realize non-litigation and non-litigation. Mediation of disputes adapts to the deep geographical relationship of the closed small-scale peasant economic base, relies on clan power and grass-roots state power, and relies on various legal sources combining etiquette and law to maintain the ethical order of the three cardinal guides and the five permanent members.

The legal system of Xia dynasty;

Law and state are interdependent, and if there is a country, there must be laws. With the establishment of the slavery country in Xia Dynasty, the slavery law of Xia Dynasty came into being.

Another important reason for the emergence of the legal system in Xia Dynasty is related to military activities and closely related to punishment. In ancient times, there was a saying that "punishment begins with soldiers" and "the same system of soldiers and punishments". "Punishment begins with soldiers" refers to law, which means that the origin of law is related to war. "Customary law is the main legal form, as well as written law." There was chaos in summer, but it was a punishment. "