What were the legal systems in ancient China?

Xia Shang Zhou. The laws of the Xia, Shang and Zhou were slave laws, which were mainly customary laws, and ritual and punishment were used simultaneously. It embodies the unity of royal power and clan power, and permeates the idea of theocracy.

Xia Dai. The Xia Dynasty was the first slave state in China, and its laws were collectively known as "Yu Punishment". "Zhou Li, Autumn Palace, Division Punishment" Note:

The summer punishment is 200, the bin punishment is 300, the palace punishment is 500, and the punishment is 1,000 each. "In ancient China, criminal punishment and law had the same meaning, and the emergence of criminal punishment marked the emergence of the legal system of the Xia Dynasty.

Shang Dynasty. "Tang Xing" is a general term for the laws of the Shang Dynasty. "Shangshu Pangeng" records:

With the usual old clothes, the right law". The Shang Dynasty already had written laws, which are clearly documented in ancient documents and confirmed by archaeological excavations. The criminal law of the Shang Dynasty was harsh, including the death penalty, corporal punishment, exile, imprisonment, etc.

Criminal name business. ”

Zhou Dynasty. The legal system of the Western Zhou Dynasty became more mature due to the Xia and Shang dynasties. There are 3,000 provisions on the five types of punishment imposed on prisoners; At the same time, the level of fines and the system of redemption are clearly stipulated.

The core of the traditional legal concept in ancient China was criminal punishment, and its function was mainly to "punish the stubborn police and fools" and "to prevent the people." Under its guidance, ancient Chinese law emphasized public power over private rights, criminal law was above all laws, and the study of criminal law was synonymous with ancient jurisprudence.

Drawing on the experience of the West in modern times, the concept of the legal system is closely related to the concept of rights, and the abstract and independent personality, developed contractual relations, and the concept of equality are adapted to this"The law comes out from the king", the monarch always holds the supreme legislative power of the country. All laws and regulations are promulgated in the name of the monarch.

Emperor's edicts often became laws directly, and the emperor could amend or repeal any law. (2) The law is based on etiquette and religion as the guiding principle and theoretical basis 3) The law is based on criminal law, and criminal punishment has always been the theme of ancient Chinese law. In ancient times, there was no division of departmental laws, and the legal codes of the past dynasties -- the law was commonly known as criminal law, and all kinds of illegal and criminal acts in all fields of social life were stipulated here, collectively referred to as crimes, and were punished with criminal punishments.

d) The subordination of the judiciary to the Emperor of Administration"With Tianxian in his mouth", which holds the highest judicial power of the state.

Features: The law is out of the imperial power, and the imperial power is maintained. The combination of ritual and law is based on Confucianism.

Bureaucrats and aristocrats enjoyed statutory privileges. All laws are used together, and the judiciary is subordinate to the executive, and there is no independent judicial power.

Substance: In China, it is called "divine authority of the monarchy". It is natural to believe that the power of the emperor is given by God and has natural rationality, and the emperor exercises power on behalf of God in the world and governs the people. Its essence is to strengthen the rule of reality with spiritual power.

It is recorded that in China, the Xia slave owners began to rule under the guise of religious superstition. "Shangshu Summons" says: "There is a summer dress (receiving) the mandate of heaven." This is the earliest record of the divine right of kings.

The Yin Shang slave owners and aristocrats created a concept of "supreme god", believing that it was the supreme lord of heaven and earth, and the ancestral god of the Shang Dynasty, so the common people should obey the rule of the Shang king.

In the Western Zhou Dynasty, "Tian" was used instead of "Emperor" or "God", and the king of Zhou was given the title of "Son of Heaven".

The theory of the divine right of kings was systematically developed and finalized in the Han Dynasty, and its influence was far-reaching.

The impact of the ministry after the plane crash is smaller, which is more conducive to protecting the black box from damage.

1.Ritual and law are united. Tang law organically integrated the spirit of ritual ethics with state punishment, and effectively maintained the rule of the Tang Dynasty.

3.The legislative technology is perfect. On the basis of inheriting the legislative achievements of the previous generation, Tang Law has the characteristics of rigorous structure, generalization and standardization, and further clarifies the principles and concepts of public crimes, private crimes, and crimes committed by outsiders.

4.Tang law is a model of traditional Chinese legal code and a symbol of the formation of the Chinese legal system. In the history of ancient Chinese law, Tang law has the role of connecting the past and the next, inheriting the achievements of Qin and Han legislation, absorbing the achievements of Han and Jin Dynasty law, and the historical status of Tang law is mainly reflected in the important position of carrying forward the past and forging ahead into the future.

l) The Influence of Tang Law on Chinese Feudal Law Tang Law is a model of Chinese feudal law, and has an important position in the history of China's legal system. The Tang Dynasty inherited the legislative achievements of the Qin and Han dynasties and absorbed the achievements of the Han and Jin dynasties, so that the Tang Dynasty showed a high degree of maturity. Because of the typicality and representativeness of the feudal code, Tang Law had a profound impact on the laws of the Song, Yuan, Ming and Qing dynasties.

2) The Influence of Tang Law on East Asian Countries As a typical representative of the Chinese legal system, Tang Law's influence not only acts on its own country but also overloads national borders, and has had a significant impact on Asia, especially East Asian countries. For example, the contents of the chapters of the Korean Goryeo Law are all taken from the Tang Law, the Japanese Dabao Law is also based on the Tang Law, and most of the criminal books of the Li Taizun period in Vietnam are also used.

1. Legal system for administrative litigation: It is the sum total of the procedural systems that should be followed by the people's courts in the various litigation activities carried out by the parties and other litigation participants in the trial of administrative cases.

2. Civil procedure legal system: It is the general name of the legal norms formulated by the state to adjust the various civil litigation activities and litigation relations between the court and the litigation participants. The system of righteousness, recusal and open trial are the basic systems of civil litigation.

3. Criminal procedure legal system: It is the sum of the legal system formulated or approved by the state to adjust criminal procedure activities. The main contents of the criminal procedure legal system include litigation jurisdiction, litigation participants, litigation compulsory measures, litigation procedures, and so forth.

4. Arbitration legal system: It is a general term for the legal system that regulates various relationships that occur in the process of arbitration. It is a way for the parties to a dispute to voluntarily submit the dispute to a neutral third party to judge the merits and make a ruling according to the agreement reached before or after the dispute arises.

5. Mediation legal system: refers to an activity in which the parties to the dispute negotiate with each other, understand each other and make concessions under the auspices of a third party, and voluntarily reach an agreement in accordance with the law to resolve the dispute. China's mediation system includes people's mediation, administrative mediation, and judicial mediation.