Laws in the history of China

First of all, there are many famous laws in the history of China. Give the landlord a few examples:

1, fajing

During the Warring States Period, Li Kui formulated six laws, namely, the law of theft, the law of thieves, the law of prison (also known as the law of net), the law of arrest, the law of miscellaneous and the law of armed forces. The first systematic written code in China's history, guided by the pre-Qin legalists' thoughts of "rule of law" and "severe punishment", referred to, summarized and absorbed the legislative experience of previous dynasties, and made unprecedented legislative achievements. It occupies an important historical position in the development history of ancient legal system in China. As an important symbol of creating a new era of legal system construction, Classic of Law has a far-reaching impact on the legislation of later generations. It not only became the direct blueprint of Shang Yang's reform and Qin State's formulation of Qin law, but also was adopted by later legislation such as Wei, Jin, Southern and Northern Dynasties. In this sense, legal classics are the source of China's ancient written code, which created a unique legislative precedent in China's legal system.

2. Cao Wei's "new law"

(1) changing the six laws into criminal names highlights the nature and status of the "general provisions" of the code, making it worthy of the name, which is a great innovation in the text structure of China's classical works;

(2) Simplifying the "subsidiary regulations", increasing the content of the code, highlighting the dominant position of the basic code, making its provisions more systematic, organized and standardized, and promoting the progress of legislative technology;

(3) Abolish the old penalty system and establish a new five-penalty system, which no longer includes castration and right toe amputation in the Han Dynasty, indicating that corporal punishment is no longer included in the national code as a statutory punishment; Narrowed the scope of clan punishment. These provisions are obviously a historic progress in the criminal punishment system.

3. Western Jin Taishi Law

4. Northern Dynasties Qi Fa

The coding style of 12 articles is determined. There are12,949 articles in the Northern Qi Law, which has the legislative characteristics of "the laws are simple and clear". The adjustment and determination of the text structure and legal content of this code is the result of the increasingly mature and perfect legislative technology, which embodies the highest level of legislation at that time.

5. Tang law

Yong Lv Hui Shu summarizes the experience of legislation and legal annotation since the Han, Wei and Jin Dynasties, not only accurately explains and explains the main legal principles and systems, but also quotes Confucian classics as the theoretical basis of law as much as possible. The completion of Yonghui Law marks the highest level of ancient legislation in China. As the highest achievement of China's legal system, Yong Lv Hui Shu fully embodies the level, style and basic characteristics of China's ancient legal system, becomes a representative code of China's legal system, and has a far-reaching impact on several neighboring countries in the future. At the same time, the pre-Zhenguan laws were out of order, so Yonghui Law Book became the most complete, earliest and most influential ancient written code in the history of China. It occupies the most important position in the history of ancient legislation in China.

And China's earliest administrative law, Six Codes of the Tang Dynasty.

6. The Criminal System of Song Dynasty

7. The Ming Dynasty is the patent of Daming Law and Mingda University.

8. After modern times, the famous ones are:

Provisional constitution of the Republic of China

This is a negative textbook, focusing on criticism and so on.

Basically, that's all, because I recently reviewed the history of Chinese legal system in the postgraduate entrance examination, so I am more clear.

I hope the landlord will adopt it! thank you

Second, the earliest law in the history of China is that the ancient legal system in China began in the Xia Dynasty.

Yu punishment is the legal name of Xia Dynasty, which was named by later generations to commemorate Yu, the ancestor of Xia Dynasty, and was later recalled by later generations. It is generally believed that the nature of Yu Xing is equivalent to the modern criminal code. The specific content of Yu Xing can no longer be verified. But there are sporadic records in the literature. Zuo Zhuan has been published for six years. Uncle Jin mentioned when attacking Zheng's "The Book of Casting Punishment": "There was chaos in the summer, but he was punished." In the Shang Dynasty since the summer, the criminal law was formulated at the beginning of the founding of the People's Republic of China, that is, "Tang Punishment". This law was formulated by the Tang Dynasty in the northwest of the capital, and was revised during the Zujia period. This is a penal code of slavery and a written code. Tang Xing is the inheritance and development of Yu Xing's legislative thought. There are 300 criminal cases in Tang Xing, the most serious of which is unfilial. As "Lu's Spring and Autumn Annals" said, "Punishment of 300 is heavier than unfilial". To some extent, this began to pay attention to the mutual reference between "ceremony" and "punishment" represented by "filial piety".

Thirdly, the history of legal development in China began with the establishment of Xia Dynasty in the 2nd/kloc-0th century BC. China's legal history has been inherited for more than 4,000 years, and its overall development context, mutual origin and inheritance relationship are extremely clear.

However, for more than 4,000 years, dynasties have been constantly changing and political power has been changed repeatedly. Therefore, from a macro perspective, the contents and characteristics of legal systems in different periods are also different.

According to the rough standard of development stage and style, the history of China's legal system can be roughly divided into three parts: the early legal system, the ancient legal system after the Warring States period and the modern legal system. First, the early legal system in China (slavery legal system era) The early legal system in China generally refers to the legal system in Xia, Shang, Western Zhou and Spring and Autumn Period, which is also commonly referred to as the legal system in the slavery era.

Time includes the historical stage from 2 1 century BC to 476 BC. The prominent feature of China's early legal system was that the common law was the basic form and the law was not open.

In the early legal system of China, Xia and Shang Dynasties were the foundation period. The Xia Dynasty has existed for about 500 years since Xia Qi established it in the 2nd/kloc-0th century BC.

During this period, the early penal system and prison system in China developed to a certain extent. Shang replaced Xia Hou for nearly 500 years.

On the basis of inheriting the legal experience of Xia Dynasty, Shang Dynasty made great progress in terms of charges, penalties, judicial system and litigation system. The data of Oracle Bone Inscriptions unearthed in the early 20th century proved that the criminal law and litigation system of Shang Dynasty were relatively complete.

The heyday of China's early legal system was in the Western Zhou Dynasty. In the history of China, the Western Zhou Dynasty is a very important historical stage.

During the more than five centuries of the Western Zhou regime, China's traditional ruling style, governing strategy and some basic political systems have been formed, and the ideological and cultural factors such as philosophy and ethics, which are the cornerstones of traditional culture, also began at this time. From the legal point of view, the form and content of the legal system in the Western Zhou Dynasty reached the peak of the early legal system.

In the Western Zhou Dynasty, the legal guiding ideology of "matching heaven with morality" and "cautious punishment with morality", the legal principle of reducing or exempting punishment for crimes of all ages, distinguishing intentional and negligent crimes, and the criminal policy of "saving the world with light punishment" all had the highest legal level in the world at that time, and also had an important impact on the legal system of China in later generations. Therefore, the legal system of the Western Zhou Dynasty is one of the focuses in the study of China's legal history.

The Spring and Autumn Period was in the early stage of the first great turmoil and great change in the history of China. At this time, the focus of social change is "breaking", that is, denying and challenging the patriarchal clan system established in the Western Zhou Dynasty, including politics, economy, ideology and culture. In the aspect of legal system, the movement of publishing written law with the content of opposing "a legally prescribed punishment for a crime" and demanding "making the law public" is booming.

Zheng's Zhu Xing Shu, Deng's Zhu Xing and Jin Guo's Zhu Xing Ding are all representative achievements of this legal reform movement. Second, the ancient legal system after the Warring States Period (feudal legal system era) The ancient legal system after the Warring States Period generally refers to the legal system of the major feudal dynasties in China from the Warring States Period to the Opium War Period, including the legal history of the remaining two years from 475 BC to 1840.

Since the Spring and Autumn Period, written laws have been published to the whole society in China. Since then, China's laws have changed from the initial state of non-disclosure to the state of statutory law as the main body. During the two thousand years from the Warring States to the late Qing Dynasty, fundamental changes have taken place in legal theory, legislative technology, legal scale, legal content and judicial system.

What we usually call "traditional legal culture" and "traditional legal system" were formed, developed and matured during this period. According to the development of the legal system and its role in the inheritance of the whole legal system, we can divide this long historical period into the following development stages: 1. Warring States period.

This is an important stage in the transition from early customary law to written law. The Warring States period was in the second half of the first great turmoil and great change in the history of China.

Many important achievements of China's social transformation and many ideological and cultural essences came from this period. Compared with the Spring and Autumn Period, the focus of social change in the Warring States Period was "standing".

In terms of legal system, "legislation" is mainly manifested in the establishment of a new legal system with written law as the main body in a larger scope and in a more mature form. Among them, the Code formulated by Wei in the early years of the Warring States Period was a representative achievement of the legal reform movement in the Warring States Period.

In addition, in the whole ancient society of China, the main political and legal thoughts of Confucianism and Legalism, the two most influential academic schools, also matured during this period and had a wide influence on the political arena. 2. Qin and Han Dynasties.

This is the period when the legal system of ancient written law in China was completely established. The time includes the historical period from 22 1 year BC to 220 AD.

In 22 1 BC, Qin Shihuang unified China, established the first unified autocratic dynasty characterized by centralization in China history, and established the traditional political pattern and model of China for thousands of years. In terms of guiding ideology, the Qin Dynasty followed the legalist theory of "rule of law" and "severe punishment" and carried it out thoroughly in practice. The legal system of Qin dynasty naturally has obvious legalist color.

In the history of China, the Warring States and the Qin Dynasty were the most active periods of legalist thought, and legalist theory was fully practiced in the Qin Dynasty. Therefore, from the perspective of the whole legal history of China, the characteristics of the legal system in the Qin Dynasty are extremely distinct.

Since the bamboo slips of the Qin tomb in Yunmeng Shuihudi were unearthed, many previously unknown laws of the Qin Dynasty reappeared in front of the world. From these precious cultural relics, we can see that the concept of rule of law in Qin Dynasty was very profound and the legal system was very strict.

During the Han Dynasty (Western Han Dynasty and Eastern Han Dynasty), the ancient Chinese legal system was further developed on the basis of the Qin legal system. On the whole, the legal system of the Han Dynasty showed the characteristics of stages.

In other words, the legal system of Han Dynasty can be divided into two periods in style. Before Emperor Wu of the Han Dynasty "ousted a hundred schools of thought and respected Confucianism alone", it was mainly "Han inherited the Qin system", that is, some reforms were carried out within the legal framework left by the Qin Dynasty, forming a fundamentally different legal system from the Qin Dynasty. Later period refers to that after Emperor Wu of the Han Dynasty "ousted a hundred schools of thought and respected Confucianism alone", he accepted Confucianism in guiding ideology and achieved Confucianism.

Fourthly, there are many famous laws in the history of China. Give the landlord a few examples: 1, The Classic of Law was formulated by Li Kui during the Warring States Period, and there are six articles, namely, theft law, thief law, imprisonment law (also known as net law), arrest law, miscellaneous law and armed law.

The first systematic written code in China's history, guided by the pre-Qin legalists' thoughts of "rule of law" and "severe punishment", referred to, summarized and absorbed the legislative experience of previous dynasties, and made unprecedented legislative achievements. It occupies an important historical position in the development history of ancient legal system in China.

As an important symbol of creating a new era of legal system construction, Classic of Law has a far-reaching impact on the legislation of later generations. It not only became the direct blueprint of Shang Yang's reform of Qin State and the formulation of Qin law, but also was adopted by later legislation such as Wei, Jin, Southern and Northern Dynasties.

In this sense, legal classics are the source of China's ancient written code, which created a unique legislative precedent in China's legal system. 2. Cao Wei's new law (1) changed the six laws into criminal names, highlighting the nature and status of the "general provisions" of the code, making it worthy of the name, which is a great innovation in the text structure of China's ancient classics; (2) Simplifying the "subsidiary regulations", increasing the content of the code, highlighting the dominant position of the basic code, making its provisions more systematic, organized and standardized, and promoting the progress of legislative technology; (3) Abolish the old penalty system and establish a new five-penalty system, which no longer includes castration and right toe amputation in the Han Dynasty, indicating that corporal punishment is no longer included in the national code as a statutory punishment; Narrowed the scope of clan punishment.

These provisions are obviously a historic progress in the criminal punishment system. 3. Western Jin Taishi Law 4. The code style of twelve articles was determined by the Qi Law of the Northern Dynasties.

There are12,949 articles in the Northern Qi Law, which has the legislative characteristics of "the laws are simple and clear". The adjustment and determination of the text structure and legal content of this code is the result of the increasingly mature and perfect legislative technology, which embodies the highest level of legislation at that time.

5. The Law of the Tang Dynasty, Yonghui Law, summarizes the experience of legislation and legal annotation since the Han, Wei and Jin Dynasties, not only accurately explains and explains the main legal principles and systems, but also quotes Confucian classics as the theoretical basis of law as much as possible. The completion of Yonghui Law marks the highest level of ancient legislation in China.

As the highest achievement of China's legal system, Yong Lv Hui Shu fully embodies the level, style and basic characteristics of China's ancient legal system, becomes a representative code of China's legal system, and has a far-reaching impact on several neighboring countries in the future. At the same time, the pre-Zhenguan laws were out of order, so Yonghui Law Book became the most complete, earliest and most influential ancient written code in the history of China.

It occupies the most important position in the history of ancient legislation in China. There are China's earliest administrative law, Six Codes of Tang Dynasty, Criminal Code of Song Dynasty, Daming Law of Ming Dynasty, and Mingda patent. Later, in modern times, the more famous ones are: the Provisional Constitution of the Republic of China, the Constitution of the Temple of Heaven, and the Constitution of Yuanji. This is a negative textbook, which is basically based on criticism. Thank you.

5. The earliest law in the history of China is that the ancient legal system in China began in Xia Dynasty. Yu punishment is the name of the Xia Dynasty law, which was named by later generations to commemorate Yu, the ancestor of Xia Dynasty.

It is generally believed that the nature of Yu Xing is equivalent to the modern criminal code. The specific content of Yu Xing can no longer be verified. But there are sporadic records in the literature.

Zuo Zhuan has been published for six years. Uncle Jin mentioned when attacking Zheng's "The Book of Casting Punishment": "There was chaos in the summer, but he was punished."

In the Shang Dynasty since the summer, the criminal law was formulated at the beginning of the founding of the People's Republic of China, that is, "Tang Punishment". This law was formulated by the Tang Dynasty in the northwest of the capital, and was revised during the Zujia period.

This is a penal code of slavery and a written code. Tang Xing is the inheritance and development of Yu Xing's legislative thought.

There are 300 criminal cases in Tang Xing, the most serious of which is unfilial. As "Lu's Spring and Autumn Annals" said, "Punishment of 300 is heavier than unfilial".

To some extent, this began to pay attention to the mutual reference between "ceremony" and "punishment" represented by "filial piety".

Sixth, China had laws in ancient times. The law in the history of China was in China, and the law originated in the Spring and Autumn Period and the Warring States Period.

At that time, it was a very glorious period in the ancient cultural history of China, and a hundred schools of thought contended in hundred schools of thought. Law is one of the issues debated by various schools (mainly Confucianism, Mohism and Taoism, especially Confucianism and Legalism).

Legalists' legal thoughts in this period had a far-reaching influence on later thinkers in China. The legal thought of a hundred schools of thought contend. Generally speaking, the legal thought of Confucianism is: emphasizing moral and etiquette education as the main means to govern the country, saints and sages to govern the country, and law (punishment) can only be used as an auxiliary means.

Advocate "rule by virtue", "rule by courtesy" or "rule by man", oppose "rule by law", and implement "rule by virtue as the mainstay, supplemented by punishment". Mohism, represented by Mo Zhai, opposed Confucianism. Starting from the social belief that people love each other and complement each other, we advocate "God's will" as the foundation of law, heaven as the law and heaven as the law.

People think that hunger and cold are the causes of crime, so we should pay attention to production and economy. Require the selection of talents and strict and fair law enforcement. Mohist doctrine is very extensive, including all norms such as law and morality.

Taoism, represented by Laozi and Zhuangzi, believes that the state should practice "governing by doing nothing": "I do nothing and the people are self-centered, I am quiet and the people are self-centered, I do nothing and the people are rich, and I have no desire and the people are simple." They all oppose the Confucian "rule of man" and the Legalist "rule of law" and advocate the natural law with Tao as the core.

"People abide by the law, abide by the law, abide by the law, and be natural." During the Spring and Autumn Period, ancient Chinese law experienced the development from customary law to written law, and from secret law to open law.

This is the first time in the history of China that a written law has been published. In the Warring States Period, Li Kui, the ruler of Wei State, formulated the first relatively complete feudal social code in the history of China.

Although this "Fa Jing" has long been lost, it contains its contents in some historical works. The Code created a unique legislative precedent in China's legal system and laid the basic system of China's feudal social code. The laws of Qin, Jiu Zhanglu, Cao Wei, Tai Shi, Lu and Tang were all developed on the basis of the Code.

The legal thoughts in the Warring States period were mainly put forward by legalists represented by Shang Yang, Han Fei and others. Contrary to Confucianism, they emphasize the law and its mandatory role, but despise the influence of saints or morality, that is, they advocate the rule of law.

Legalists also put forward many valuable legal thoughts, such as law as balance, law and scale, which provide objective standards for judging right and wrong; Law should keep pace with the times; Laws are formulated by the state; Laws should be open and applied equally; We should strictly abide by the law, which is inseparable from rewards and punishments, and so on. At that time, the "rule of law" advocated by legalists was based on strengthening monarchy and severe punishment, which was different from the western anti-feudal autocracy and anti-torture rule of law from 17 to 18 century.

In 22 1 BC, Qin Shihuang established the first unified centralized feudal autocratic monarchy system in the history of China, adopted the suggestion of another representative figure of the legalist school, and ordered that Confucian scholars should make use of the past to serve the present, and take private learning as a substitute for the law, but legislate with the legalist school thought of "taking law as teaching" and "taking officials as teachers". After Emperor Wu of the Han Dynasty, Dong Zhongshu's thought of "ousting a hundred schools of thought and respecting Confucianism alone" was adopted.

Since then, in the ideological field, Confucianism has been regarded as orthodox, and Confucian legal thought monopolized the legal field in 2000. The traditional legal thought in China's history now usually refers to the Confucian legal thought in 2000. In fact, it promoted political and ideological absolutism and led to the decline of laws in China.

During this period, after a hundred schools of thought contend, jurisprudence explained the written law promulgated in the name of an autocratic monarch from the text and logic according to Confucianism, which is commonly called annotation method. Ma Rong and Zheng Xuan, the masters of Confucian classics in the Eastern Han Dynasty, both commented on Han Law.

Zhang Fei and Du Yu of the Jin Dynasty also commented on the Chinese law. After the Eastern Jin Dynasty, private notes were gradually replaced by official notes.

In 652 AD, Sun Chang Wuji, a minister of the Tang Dynasty, and others were entrusted to write a book "The Law of the Tang Dynasty", which gave an authoritative explanation and had the same legal effect as the Law of the Tang Dynasty. This is the first fully preserved legal document in the history of China.

It takes Confucianism as the leading ideology, which is "Morality dominates punishment". The Law of the Tang Dynasty and its Discussion are the representative works of laws from the Warring States to the Sui Dynasty, and became the model of laws in the Song, Yuan, Ming and Qing Dynasties after the Tang Dynasty.

The laws of the Tang Dynasty also had a great influence on the laws of neighboring countries in China at that time, such as Japan, Korea and Vietnam. Therefore, in legal works at home and abroad, the feudal laws of China, represented by the Tang Law, and the laws formulated by other countries imitating the Tang Law are usually called Chinese legal system or Chinese legal system.

The book "Da Ming Fa Ying" has set up a doctor's degree in law since Wei Mingdi in the Three Kingdoms, specializing in teaching law. This official system continued until the Song Dynasty and was abolished in the Yuan Dynasty.

Shen Jiaben, a jurist in the late Qing Dynasty, once thought that law had been in decline during the Yuan, Ming and Qing Dynasties when he summarized the development of law in China history. 1740 The Laws of the Qing Dynasty was the last law in China feudal society.

1840 after China introduced modern legal thought in the opium war, China society gradually transformed into a semi-colonial and semi-feudal society, and the legal system and legal thought field also changed accordingly. Kang Youwei's Great Harmony Book, Sun Yat-sen's Three People's Principles and the Five Powers Constitution, and many western masterpieces translated by Yan Fu all contain 18~ 19 century western popular legal thoughts, including democracy, liberalism, sociology and evolution.

If Yan Fu and others mainly spread western law in China, then officials represented by Shen Jiaben mainly spread western legal system, especially the idea of continental law system based on Roman law. When Shen Jiaben was appointed Minister of Law Revision, he presided over the reform of China's traditional laws for the first time in the history of China, imitating the western model.

He sent officials and students abroad to study and study western law, hired Japanese jurists to revise laws and give lectures in China, and founded the first modern law school in 1906. Organized the translation of a large number of foreign laws. 19 1 1 After the Revolution of 1911, 1949 Before the founding of People's Republic of China (PRC), various western bourgeois legal thoughts were continuously introduced into China. Marxist legal thought also began to be introduced into China.

West side.

What is the earliest law in ancient China? The earliest law in ancient China was Zhou Li's Punishment of Qiu Gongsi.

Xia Dynasty was the first slave country in China, and its laws were always called "danger punishment". "Zhou Li Tai Company Punishment" notes: "Summer punishment is 200, flogging is 300, castration is 500, and flogging is 1000." The meaning of punishment in ancient China was the same as that of law, and the appearance of punishment marked the appearance of the legal system in Xia Dynasty.

The relationship between the earliest origin of ancient Chinese law and "ceremony" and "punishment" is that "punishment starts from soldiers and law comes from ceremony"

1, punishment begins with soldiers: On the one hand, "learning from law", the original punishment in ancient China originated from military war, and the earliest law was born out of military law. On the other hand, "the same soldiers and prison system." Military war needs to deal with enemies, prisoners or other illegal and criminal acts in time. Some military laws are also criminal laws for conviction and sentencing.

2. Law originates from ritual: ritual originates from sacrifice. In the process of sacrifice, the ceremony was strengthened and systematized. With the division of classes, the ritual level of sacrifice is also different, at this time, "ceremony" has become a symbol of rank. With the division of classes, the upper class evolved into the ruling class, and they raised "ceremony" to the norm of adjusting people's social relations with the help of political power. At this point, "Li" has legal connotation in both form and essence. It was not until the ceremony of the Duke of Zhou that "ceremony" was standardized and systematized, thus becoming the general name of the code of conduct for adjusting social relations in ancient China. Rite is an important source of ancient laws in China, and the original form of expression of ancient Chinese laws is mainly ritual.