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1. Living habits, living habits inherited from the primitive tribal period. The content is huge, but it touches on many aspects of life.
Second, from the war, the ancients had a cloud of "division out of law", in ancient warfare is also an important part of the original law, mainly punitive "punishment".
3. Originating from the sacrifice, from the primitive period of sacrifice to the Shang and Zhou dynasties, there have been relatively perfect sacrificial procedures, the most representative is that the engraving of the Shang Dynasty sacrificial inscriptions has obvious writing format requirements.
Characteristics of traditional Chinese law.
It is generally believed that classical Chinese law came into being with the emergence of the state, and since Xia Chaoyu passed on the throne to his son Qi, Chinese classical law has officially stepped onto the stage of history. Chinese law at this time has the following characteristics:
1. The coexistence of "punishment" and "ritual", because of military law, sacrifice is the source of law, "punishment begins with soldiers", "ritual originates from sacrifice" will run through the principle of combining punishment and ritual throughout the development of classical Chinese law.
Second, the emphasis on "punishment" and the neglect of "civil", because military law and punishment are easier to transform into legal provisions, while the "civil law" derived from the inheritance of living habits is difficult to become law because of the complexity of the content and the historical limitations of the rulers, which leads to the development of criminal law and the relative lag of civil law in classical Chinese law at this time.
3. The unity of all laws, "Yu Punishment" is the general name of the laws of the Xia Dynasty. "Xia had a chaotic government and was punished by Yu", which was the earliest slavery law in China. At this time, classical Chinese law had begun to attempt to unify the legal provisions of different origins into a single law.
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Answer]: The formation of China's state and law matches the natural environment in which it is located, and has its own distinctive characteristics. The origin of the law is influenced by it, and it has also formed distinctive characteristics that are different from those of Western society.
First, the origin of ancient law is closely integrated with the patriarchal hierarchy, and second, the origin of ancient law is mainly completed in the form of "punishment begins with soldiers" and "ritual originates from sacrifice". Thirdly, the origins of ancient law are based on a self-sufficient natural economic structure. Law is the product of the development of human society to a certain stage, and the emergence and development of law is the result of the interaction of various social factors.
Economic factors played a decisive role in the process of the emergence of law: the origin of ancient law in China was based on the self-sufficient natural economic structure, emphasizing the family, clan, national interests and the spirit of collective cooperation, and the emergence of private ownership and the division of labor in social dispersion led to the emergence of law. Political factors are also important factors in the origin of law, and the emergence of law is the result of class division and class struggle at that time.
The origin of China's ancient law is closely integrated with the patriarchal hierarchy, and it has the dual nature of national law and patriarchal law, which is applicable not only to the dominant clans, but also to the whole country, and is a ruling tool used by the slave owner class to adjust the relationship with slaves and the internal relations of slave owners, which is the political root of the law. The production of law is also affected by factors such as humanities and geography, and the generation of ancient law in China is affected by China's unique cultural and geographical environment, which is different from that of Western countries, and is mainly completed in the form of "punishment begins with soldiers" and "rituals originate from sacrifices". The general laws of the origin of the law are:
From individual adjustment to normative adjustment, from custom to customary law, from blending with moral norms and religious norms to relative independence. The origin of China's ancient law was originally transformed from the habits of the primitive clan society, from the initial orders issued by the monarch to the formulation of a unified and standardized written code, from the initial "Mandate of Heaven" and "divine punishment" to the establishment of a scientific and reasonable criminal law system, all of which reflected the general law of the origin of the law.
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Hello, I am glad to answer for you, briefly describe the process of theorizing China's feudal code: China formed a relatively complete feudal code during the Tang Dynasty called "Tang Law Shu Yi". The Chinese legal system has a long history.
During the Spring and Autumn Period and the Warring States Period, a written code appeared; During the Tang Dynasty, a relatively complete feudal code was formed, which was inherited and developed by successive feudal dynasties. Tang Lv Shu Yi, formerly known as Lü Shu, also known as Tang Lü and Yonghui Lü Shu, is one of the earliest written laws in East Asia. Tang Law Shu Yi is a compilation of the Tang Dynasty's criminal law and its commentaries, and it is also the oldest and most complete existing feudal criminal code in China, with a total of 30 volumes.
It is an extremely important legal code completed during the Yonghui period of Tang Gaozong. In the second year of Gaozong Yonghui (651 AD), the eldest grandson Wuji, Li Ji and others quietly revised the foundation of the "Zhenguan Law", such as the original "Zhenguan Law" name with the "words and reason" in the example, more "reasonable and harmful", and made a solemn explanation: "The old law is reasonable, and now the slag is changed to be reasonable.
In the end, 12 volumes of the new rhythm were played, which was "Yonghui Law".
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Answer]: B The Warring States period was the beginning of China's feudal society, and it was also the initial period of the feudal legal system, and the seven princes carried out law reform activities and carried out a lot of legal system construction work.
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The Tang Law is the earliest and most complete surviving legal code in China.
Tang Law Shu Yi", also known as "Law Shu", refers to the legal text compiled by Gaozong Yonghui in the Tang Dynasty in the third year (652). It was compiled by nineteen people, including the eldest grandson Wuji, and promulgated in the fourth year of Yonghui (653).
This replaced the "Wude Law" compiled in the seventh year of Tang Gaozu Wude (624) and the "Zhenguan Law" compiled in the 11th year of Zhenguan (637) of Tang Taizong, and became the Tang Dynasty legal code, and it is the earliest and most complete existing legal code in China (although the "Law Classic" issued by Wei Prime Minister Li Kui during the Warring States Period is older, it has been lost).
The Tang Dynasty Laws and Regulations inherited the legislative achievements since the Wei, Jin, Southern and Northern Dynasties, and creatively attached annotations to the laws, so that "the law is sparse after the law, and the law is sparse", which is considered to be a model of legislation in the history of China's legal system. Due to the perfect combination of ritual and law in the "Tang Law and Discussion", the "Spring and Autumn Prison Break" method that began in the Han Dynasty came to an end.
The precise name of "Tang Law Shu Yi" should be "Yonghui Law Shu", and "Tang Law Shu Yi" is the common name of later generations. In the Song and Yuan dynasties, it was called "Therefore Tang Law Shu Discussion".
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The Tang Law is one of the earliest written laws in East Asia.
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The Book of Laws, bai
It is the first in the history of China.
The ministry is more systematic than du, and the feudal into zhi
Grammar code, but it is not the first written grammar code in the history of our country, before the "Quan Fa Jing", many codes have been promulgated, but it is not perfect. The Book of Law became the blueprint for subsequent legal codes, and its formulator was the famous reformer Li Kui during the Warring States Period.
In addition: "Yonghui Laws and Regulations" is the earliest, most complete and most influential feudal written code that has been completely preserved in China so far. It sums up the experience of Chinese rulers in legislation and annotation of laws, inherits the idea of virtue and punishment and auxiliary since the Han Dynasty and the tradition of combining etiquette and law, so that China's feudal law has developed to the most mature and complete stage, marking that China's feudal legislation technology has reached the highest level.
With its rich content, superb technology and distinctive characteristics, Yonghui Law Shu became a representative code of the Chinese legal system, and had a profound impact on the feudal legislation of other surrounding Asian countries and later dynasties. Yonghui Law occupies the most important position in the history of the development of China's legal system and is unique in the history of the world's legal system.
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The earliest feudal code in history can be verified as the "Book of Punishment" 62616964757a686964616fe59b9ee7ad9431333332643864 promulgated by Zheng Guozi on the copper tripod. Zheng Guo's ruling son cast the legal provisions of Zheng Guo on a metal tripod symbolizing the power of the princes, and announced it to the whole society, which is known as the "Casting Punishment Book" in history. This was the first time in Chinese history that a written law was promulgated.
Therefore, there must have been before the "Criminal Book", but because the previous law focused on "the unknowable criminal is unpredictable", it was not published, so it is impossible to verify it now. Although there is no direct evidence to prove that the Book of Punishment is a feudal code, it can be speculated that it is unlikely that the law promulgated at this time was still a slave code.
There is also the content that remains, is the Wei State Li Kui's "Book of Law", which became the blueprint for the legal code of the later dynasties, and there were many changes in various countries during the Warring States Period, and Li Kui also changed the law with the support of Wei Wenhou of Wei State and implemented a new policy. One of them was the formulation of the Book of Laws.
And the most systematic and complete feudal code in existence is the "Tang Law and Discussion". Also known as Tang Law, Tang Law Shuyi, and Tang Law Shuyi, it is one of the earliest written laws in East Asia. In the second year of Gaozong Yonghui (651 AD), the eldest grandson Wuji, Li Ji and others revised the Tang Dynasty criminal law and its annotations on the basis of the Zhenguan Law.
It is also the oldest and most complete existing feudal criminal code in China, with a total of 30 volumes.
On the question of whether it is feudal, there is no doubt that the "Qin Law" is a feudal code, because the Qin Dynasty was the first feudal dynasty, but it does not mean that there was no feudal code before it. Because during the Spring and Autumn Period and the Warring States Period, the national policies of Qi State's "Decline and Decline of the Land and the Decline of the Land", Li Kui's "Book of Laws" to maintain the county system, and the waste of wells and fields and the opening of Qianmo during the Shang Dynasty Reform Period were already reform measures with a feudal nature. It's just that because the specific content of the previous codes, such as the "Book of Law", cannot be verified, it is impossible to determine whether it is a feudal code.
In fact, before 2012, the "Book of Laws" was defined as "China's earliest feudal written code" in the review syllabus of the judicial exam, and the word "feudal" was removed in 2013. The main reason is that the content of the "Book of Law" cannot be verified, so it is impossible to determine whether it is a real feudal code. But there is no doubt that the "Book of Law" upholds the county system, which is a complete destruction of the feudal system of the slave dynasty, and it is impossible to classify it into the slavery code.
Therefore, the "Qin Law" is the first feudal written code.
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The "Book of Laws" written by Li Kui, a famous reformer of Wei in the Warring States period, is the first systematic code of feudal landlord class in China. Most of the later legal codes used this as the initial reference, the most famous being the Qin Law promulgated by Qin II, which was used throughout the country.
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When it comes to the periodization of ancient history, one of the five golden flowers in the field of historiography, if you follow the traditional historiographical viewpoint, it seems that feudalism should be after the Shang Dynasty changed the law.
The Book of Law doesn't seem to be a feudal code, but I personally prefer the "Qin Law".
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Dating back a long time, Emperor Xia established this law.
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The penal book is the earliest feudal code in history.
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