During the Wei, Jin, Southern and Northern Dynasties, the law was further Confucianized

During the Wei, Jin, Southern and Northern Dynasties, under the guidance of Confucianism, the process of Confucianization of traditional law began. The main manifestations are: (1) "Eight discussions" into the law.

"Eight discussions" refers to the system whereby eight types of feudal aristocratic bureaucrats must "discuss what they have committed" after committing crimes, and implement a system of reducing or reducing the punishment for their crimes, which shows the distinctive characteristics of the idea of feudal legal privileges. The "Eight Discussions" system originated from the Western Zhou Dynasty's "Eight Discussions" proposition, and the "Eight Discussions" formal human law in the Cao Wei period. "Eight discussions" refers to:

Discuss relatives", "discuss the reason", "discuss the virtuous", "discuss the ability", "discuss the merit", "discuss the noble", "discuss the diligence", "discuss the guest". 2) "Official" human law. "Official" refers to a privilege system in feudal society that allows officials to use officials to compensate for their crimes, which is officially stipulated in the "Northern Wei Law" and "Chen Law".

The formation of the "official" system indicates the further development of the feudal privilege law. (3) The establishment of "quasi-five obedience to control crime". "Jin Law" was the first to establish the system of "quasi-five uniforms to control crimes".

"Clothing system" is a system in ancient China that used mourning clothes as a symbol to stipulate the distance between relatives. At this time, it was incorporated into the code and became the principle for determining the severity of the punishment when relatives committed crimes. It stipulates that in the criminal law, the closer the obedience system, the lighter the punishment

The punishment for humiliation and respect will be heavier. The farther away the obedience is, the punishment becomes heavier: the punishment becomes lighter if the obedience is inferior.

4) Establishment of the "Ten Counts of Serious Crimes". The so-called "Ten Felonies" refers to the general term for 10 major crimes that endanger the fundamental interests of the landlord class. Taking it as the object of severe crackdown is the concrete embodiment of the spirit of Confucianism's "Three Guidelines" in the law.

The "Ten Articles of Serious Crimes" was reformed by the "Kaihuang Law" to form the "Ten Evils" system, which was followed by later feudal dynasties.

It should be related to his gate valve system, that is, the division of ranks is more strict, and Confucianism mainly wants to maintain the distinction of ranks.

This one is too professional, no.

During the Wei, Jin, and Northern and Southern Dynasties, the legal form of the previous dynasties was improved. At that time, the laws and regulations have been differentiated, and the substitution of the branch as the grid, the emergence of the formula, and the continuation of the ratio have become the main content of the changes, especially the emergence of the criminal law is of particularly far-reaching significance. (1) The development of the law and the change of the structure of the legal code.

During this period, the law was still the main form of law. What changes a lot is the logical structure of the texts of the Vinaya. The first is the formation of the Law of Names.

Wei Lu changed the sixth chapter of the Han "Nine Chapters of Law", "Gu Law", to "Criminal Name", which was placed at the top of the whole law. The Jin law is divided into two articles, "Criminal Name" and "Law", and the Northern Qi Dynasty combined the "Criminal Name" and "Law" of Jin Law into one, called "Famous Case", which is the first of the law. The Law of Names and Precedents concentrates on the important principles of the feudal code, similar to the general provisions of the modern code.

The second is that the text of the Vinaya tends to be simple. Wei's "New Law" was simplified on the basis of the Han "Nine Chapters of Law", and the whole law was eighteen articles; "Jin Law" and "Northern Wei Law" are both twenty articles; The Northern Qi Law finally established the style of 12 articles, completing the reform process of China's feudal code from complex to simple since the Han Law. (2) The development and change of the order.

During the Three Kingdoms and the Northern and Southern Dynasties, Ling, like the law, was still the main form of law, but its connotation began to be different from that of the Qin and Han dynasties. The law is a fixed norm, and the order is a temporary law. Those who are guilty of violating the order shall be convicted and sentenced in accordance with the law.

3) Egdeko. During the Cao Wei period, the branch was the main form of law at that time. Until Emperor Wei Ming formulated the "New Law", the department was divided into laws and orders according to their nature.

Section is in decline as an independent form of law. In the middle of the Northern Wei Dynasty, it began to use Gedaike, which became a legal form that was supplemented by law. From the late Northern Wei Dynasty to the early Northern Qi Dynasty, Ge replaced law as the main legal form at that time.

With the promulgation of the Northern Qi Law, the law newly acquired the status of the main legal form, and although the law was parallel to the law, it was restored to the status of the law, and was temporarily used as the basis for sentencing in the absence of a formal law. (4) The emergence of the formula. During the period of Emperor Wen of the Western Wei Dynasty, the "Great Unification Style" was compiled, which became the precursor of the "style", which was one of the four basic legal styles of law, order, grid and style after the Sui and Tang dynasties.

In addition, this period still follows the tradition of using "bi" and Jingyi to judge cases since the Han Dynasty.

1. "Code of Ethics" into the law:

1. "Quasi-five obedience to control crimes", the "Jin Law" for the first time included "obedience" into the legal code as the basis for sentencing;

2. The establishment of the "Ten Articles of Serious Crimes", the "Northern Qi Law" summarizes the words and deeds that seriously endanger the interests of the feudal state and violate the interests of the feudal state into ten articles, which are placed in the first part of the legal code.

2. Hierarchical privileges are included in the law:

1. The "Eight Discussions" are incorporated into the law, and the "New Law" is based on the "Eight Discussions" of the "Zhou Li", and stipulates the "Eight Discussions";

2. "Official", also known as "being an official as an apprentice", originates from the "miscellaneous crimes" of the "Jin Law", which allows ** to use official products and titles to offset crimes when committing crimes.

3. The principle of "repetition of the death penalty":

During the Wei and Jin dynasties, the decision on the death penalty was taken over.

(1) There is a clear distinction between "law" and "order".

As two forms of law, law and order have long existed in China, but the concepts of the two are relatively vague and the boundary is not very obvious.

During the Western Jin Dynasty, the famous legal scholars Zhang Fei and Du Pre made a distinction between the law and the order from the content, and put forward the so-called "law is based on the correct crime, and the order is based on the preservation system", and "if the person is guilty of violating the order, the law of the person", so that the distinction between the law and the order is clear.

(2) The change of "Branch" and "Ge Dai Branch".

During the Han Dynasty, it refers to the section and the matter, during the Three Kingdoms period, Cao Wei revised the "Jiazi Branch", the Shu Han Dynasty had the "Shu Branch", and Sun Wu also had the "Branch Order", "Branch Article", etc., in the Western Jin Dynasty, there was no Branch, and the legal form was mainly the law, order, story, etc. The Liang and Chen dynasties of the Southern Dynasties both had 30 volumes.

Compared with the single-line regulations of the Han Dynasty, the branches of the Wei and Jin dynasties became independent and single-line regulations.

At the end of the Northern Wei Dynasty, the "Ge Dai Ke" began, especially the Eastern Wei Dynasty formulated the "Lin Toe Ge", which officially raised the Ge to the national code, and the Ke was gradually abandoned.

During the Northern Qi Dynasty, "there was no law in the right way, so there was a "separate qualification", which ran parallel to the law. The law without formal rules was compiled into the "Alternative Rules", so that the grid as a supplement to the law and obtained a parallel status with the law, and the grid later became one of the main legal forms in the Tang Dynasty.

(3) The "formula" has also changed.

In Yunmeng Qin Jian, it has been found that there is a "sealed diagnosis style", which is a legal document related to the requirements of judicial trial work and the procedures of litigation documents.

During the Han Dynasty, there was a "Character Charter", which was a legal document with the nature of administrative regulations.

The Western Jin Dynasty promulgated the "Household Modulation Style", which was a law on household modulation, land occupation system, and class field system.

In the tenth year of the Great Unification of the Western Wei Dynasty (544), the "Datong Style" was compiled, which made the "style" rise to the main legal form at that time, which was inherited by the Sui and Tang dynasties and became one of the main legal forms of the Tang Dynasty.