A review of the aristocratic privilege system in Chinese feudal law

The provisions of Chinese feudal law on the privileges of the nobility.

During the Han Dynasty and the Han Dynasty, the edicts of the nobles who were guilty of "first request" (i.e., first asking the emperor for judgment) were issued many times in order to protect their legal privileges. During the period of the Three Kingdoms and the Jin Dynasty and the Northern and Southern Dynasties, Cao Wei formulated the Wei law to put the "Eight Discussions" into the law, and then the successive dynasties followed to the Ming and Qing Dynasties, "Eight Discussions" refers to the discussion of relatives, the discussion of the reason, the discussion of the virtuous, the discussion of the brave, the discussion of merit, the discussion of the noble, the discussion of diligence, the discussion of the guest, the above eight kinds of crimes, enjoy the privilege of reduction, in addition to the "official" eight laws, the so-called official when the crime is committed, allow it to be punished by the official character and title in accordance with the law, the Northern Wei Dynasty "Law and Law" stipulates that the duke, the marquis, the uncle, the son, the fifth rank of the national lord and the fifth rank and above officials, can be converted (deducted) into two years of imprisonment by the official, Three years after dismissal, feudal bureaucrats could still be demoted to the first rank and reappointed to official positions, and this system of official positions further granted legal privileges to feudal bureaucrats, allowing them to escape punishment for crimes committed by criminals. In order to adjust the internal contradictions of the ruling class and consolidate the feudal power, the rulers of the Sui Dynasty stipulated that the nobles enjoyed a wide range of privileges in law for crimes.

During the Tang Dynasty, according to the Tang law, nobles, ** and their relatives committed crimes, and enjoyed 1 and 8 discussions in the law. 2. The petition is to reduce the punishment through the procedure of petitioning. 3. Minus.

4. Redemption. 5. Officialdom. 6. Dismissal.

Due to the different statuses, official qualities, and titles, the scope of privileges enjoyed is also different, reflecting the open and unequal characteristics of feudal law. The Yuan Dynasty pursued a policy of ethnic discrimination, and the legal system of various ethnic groups was unequal, and the Mongols enjoyed many laws for crimes, such as the Mongols were not allowed to torture and plunder for crimes, and they were not imprisoned or even detained except for capital crimes. If a Mongol commits a theft, the official will be punished by punishment and dismissal from office, and if the Mongol commits a crime, the ordinary judicial organ has no right to accept it, and can only be decided by the special organ that accepts the Mongols.

In short, China's feudal law stipulates that nobles and their relatives enjoy special privileges, which profoundly reflects the open and unequal characteristics of the feudal legal system.

It profoundly reflects the open and unequal characteristics of the feudal legal system.

The law, as the will of the ruling class, is the will of the ruling class or group that holds the political power out of the need to rule.

The fundamental purpose of feudal law was to maintain the rule of the emperor, bureaucratic aristocracy and landlords in the ruling class.

In China's feudal society, the emperor has always been the hub of legislation and justice, and the main edge of feudal law in the past dynasties was to govern the people, and in order to play the function of the bureaucratic machine and achieve the ultimate goal of governing the people, he also had the task of governing officials, but there was never a law to govern the monarch, and the main object was the people.

Bureaucrats and aristocrats enjoy legal privileges, and the good and the bad are punished differently for the same crime. Chinese feudal law proceeded from the maintenance of the hierarchical system and granted various privileges to the aristocratic bureaucracy. On the other hand, there is a legal division between the good and the low, and those who are listed as low-ranking are subject to all kinds of discrimination in the law, and the punishment for the same crime is lighter than that of ordinary people. If you commit a "good" offense with a "cheap", the punishment will be heavier than that of ordinary people.

China's feudal law, like the feudal law of any other country in the world, was marked by open inequality. The privileges and punishments of the Chinese feudal bureaucracy and aristocracy were all legalized and institutionalized very early.

There is a system called the official system, that is, it can be punished against punishment. Officialdom system.

Among the feudal bureaucrats and aristocrats, there are only a few people who can enjoy the treatment of the Eight Discussions. In order to enable more bureaucrats to enjoy legal privileges, the "Jin Law" stipulates that if a person with an official position commits a crime, he can be "removed from the office" or "dismissed" from the official position, which can be deducted from three years in prison. The formal system of "guandang" began with the Northern Wei Law of the Northern Dynasty and the Chen Law of the Southern Dynasty.

The formation of this system indicates the further development of the law of feudal privileges.

The consolidation of imperial power is conducive to the ruling class maintaining its own rule and safeguarding its own interests.

2.To a certain extent, it has promoted economic development and social stability.

3.However, the feudal hierarchy led to the monopoly of the emperor and the impossibility of democratic politics.

4.To a certain extent, it hindered the embryonic development of capitalism, and finally the growth of the bourgeoisie and the overthrow of feudalism.

It is not as good as the manuscript stove cave 1640 should be a bourgeois revolution.

It's all forced)

5.It can promote the development of culture, and people are constantly reflecting on how to limit the power of the king, which can also promote the Renaissance.

and other trends of thought.

Pure hand-hitting, give a good review.

1. Consolidating imperial power is conducive to the ruling class safeguarding its rule and interests.

2. To a certain extent, it has promoted economic development and social stability.

3. However, the feudal hierarchy led to the exclusive respect of the emperor and the inability to develop democratic politics.

4. To a certain extent, it hindered the budding development of capitalism, and finally the growth of the bourgeoisie and the overthrow of the feudal system (it was not as good as the bourgeois revolution in 1640, which was forced).

5. It can promote the development of culture, and people can constantly reflect on how to limit the power of the king, which can also promote the rise of ideas such as the Renaissance.

China: Shang and Zhou: aristocratic feudalism.

Qin and Han dynasties: aristocratic Confucianism, semi-bureaucracy and semi-feudalism.

Wei and Jin: A semi-feudal and semi-bureaucratic system of aristocratic families.

Sui and Tang Dynasties: aristocratic Confucian bureaucracy.

Song Dynasty: Confucian aristocratic bureaucracy.

Ming Dynasty: Confucian bureaucracy.

The first emperor was not so strong at that time, it was still the first talent, and then it was true that the gate valve always existed, and it was not until the rise of the imperial examination system that this situation changed.

The system of dominant family is a manifestation of the development of the privileges of the feudal landlord class to a certain historical period. During the period of the Three Kingdoms and the Northern and Southern Dynasties, the gate valve system was closely related to the politics, economy and culture of the time. The gate valve system in the Middle Ages in China, on the whole, is characterized by the selection and appointment of officials according to the rank of the family; As for the exemption of the scholars from forced labor, the marriage of the family, and the characteristics of "when the scholars are separated, they are separated from the sky", they are all gradually derived from the former.

Therefore, for a long period of time, the gate valve system mainly belongs to the category of political system, and the components of social system are secondary. It was only after the Sui and Tang dynasties that it was gradually and completely transformed into a social system and finally withdrew from the stage of history. The gate valve system generally sprouted in the late Eastern Han Dynasty, initially formed in Cao Wei and Western Jin Dynasty, established and flourished in the Eastern Jin Dynasty and the early period of the Northern and Southern Dynasties, and declined in the late period of the Northern and Southern Dynasties.

Since Emperor Wu of the Han Dynasty, Confucianism was advocated, and most of the bureaucrats started with scriptures, and gradually formed the situation of successive ministers in the Eastern Han Dynasty. Cao Wei implemented the nine-grade Zhongzheng system, which enabled the clan landlords to participate in the political power by virtue of their family background.