China ancient criminal law

As everyone knows, China legal system has a long history of civilization. As a legal system, is a compulsory means to adjust the relationship between the legal relationship between society and country, social, collective, individual, is an inevitable outcome of human society developed to a certain stage, along with the social relationship between people in society has become more and more complicated and more acute and emerge as the times require. due to the development of social productive forces, the private ownership, the class, and the legal system as a safeguard the ruling class of tools, to protect the legitimate rights and interests, inevitably breeds a series. However, it appears from the ancient to the modern development, and promote the liberation of people's thinking and the thinking of raising awareness, promote the overall level of social improvement. Now the legal system on the one hand, the content of criminal law.

Our great motherland is one of the world's earliest civilizations developed countries, not only experienced a long

In primitive society, also experienced a long period of slave society, is the origin of human social civilization an important area of earlier. Because of people's cognitive ability and level of development of productive forces and natural limits, social organization, social relationship is relatively simple, the society is in "Xing Zheng not rule and not" state. Rely mainly on the clan organization of the original spirit of democracy and conventional production and living habits and ethics and the chiefs of the authority and the supervision of public opinion to support, with the increasingly progress continuously improve the level of development of productive forces and economy and society, the social division of labor, labor productivity to create surplus value, into social wealth, has been gradually power the social class and the ruling group all, private ownership, different contradictions, conflicts and oppression is more and more intense, also appeared in the management mechanism, for their own personal interests and privileges, conscious of the urgent establishment of national machinery and legal system.

China established from twenty-first Century BC, the beginning of the Xia Dynasty, entered the slave society, established the slave aristocratic dictatorship, following the summer after the Shang and Western Zhou Dynasty to the spring and autumn and the Warring States 2, only into the feudal society. Xia Yu began to use the penalty sanction those who defied his party's clan leader, the etiquette and punishment has become the dominant method. The so-called "Five Penalties of three thousand" "decapitation two hundred, kneecap turned three hundred, palace turned five hundred, ink the thousand" etc.. The penalty from summer. Ink, warm, rigid, palace, the production of five major common penalty of the Shang Dynasty, there are a lot of torture, for example the chopped meat, the meat dry into jerky, branding the penalty etc.. The main characteristics of the Xia and Shang penalty system is barbaric cruel, arbitrary tyranny, obviously has the characteristic of "temporary punishment". For negligence crime or the harmful behavior relief of criminal responsibility, the intentional crime shall be given a heavier punishment or habitual offender is.

To the Western Zhou Dynasty, the system of punishment, corporal punishment, including the death penalty ransom, prison punishment punishment, service, basically followed the Xia and Shang penalty, penalty system is very cruel, in the principle of "punishment for Ming Shen punishment" and "penalty" under the guidance of the system of penalty, the more specific the three method, forgiveness: for minors, old and young and ignorant of the decline of the old man and have a mental disorder with dementia and other three kinds of the crime of intentional homicide, in addition to a felony, may be exempted from criminal liability. The three house of law: make a mistake of not correctly identify the object of the crime of fire, do not properly foresee the consequences and not intentionally subjective fault and other three kinds of illegal and criminal acts, can give clemency to reduce the criminal responsibility. Make a mistake in not correctly identify the object of the crime of fire, do not properly foresee the consequences and not intentionally subjective fault and other three kinds of illegal and criminal acts, can give clemency to reduce the criminal responsibility. The suspected crime lighter but pardon system: doubt or facts of a crime or crimes cognizance and conviction and sentencing of controversial cases underwent a lighter punishment or amnesty system. The different punishment for the same crime system: different levels of identity commits the same crime, the liability is different, the result is not punishment.

In the spring and Autumn period, the legal thoughts contend, mainly by Confucianism and Taoism, ink, method the legal thought as the foundation, social change, the legal thought of new. Spring and autumn when the slavery society from the economic base and the superstructure has undergone major changes, this change indicates the slavery has began to collapse, feudal system gradually. field reflect the profound changes in the legal system, is the vassal state has formulated and promulgated the statute. Released into grammar, is published in criminal law. China's slavery criminal law has two important features. One is its cruel nature, two is the secret of it. The cruelty of slavery, that is not only a wide range of legal punishment, but punishment method is cruel, so-called secret of statute law, is the Western Zhou Dynasty and the princes are not published, for what acts constitute a crime and crime later how to punish, by the slave owners ruler temporary decision, in order to achieve the "punishment unknown, it has not measurable" purposes, in order to maintain the slave class domination. Criminal law system, the hidden, also directly threatens the emerging landlord class interests and personal safety. Zheng Guo had "Xingshu in Ding, thought the ordinary law" published by the statute. In the spring and Autumn period, Confucianism, Taoism, Mohism, method, especially the "punishment without level, and for the execution, light weight, abolish punishment with punishment" of "the rule of law, severe punishment", do not hesitate to use the cruel corporal punishment, the death penalty, and clan punishment even wait for serious means, to inherit traditional savage punishment continued down, the development direction of future generations of penalty system, laid the foundation for the reform of the legal system and model. For the punishment of the crime is particularly important, robbery is illegal and criminal acts of infringement of title, the thief crime is illegal and criminal acts of violation of personal safety and harm social order.

The six kingdoms, unified the world. The Qin Dynasty rulers attached great importance to the legal adjustment of social relations, norms of social behavior, to maintain the social order, to achieve goals, so the content of criminal law also exhibit diverse. First of all, the Qin Dynasty law and many other charges, such as, infringement, damage regime, endangering public safety, official malfeasance. These distinctive features of the Qin Dynasty, the military crime, disrespectful, the power of the emperor should not be violated, liable to heavy penalties, will constitute the crime of disrespect "". Also provides for the age of criminal responsibility, the distinction between intentional and negligent, false accusation against the left. For recidivism, that is more harmful, all should be more aggravated punishment, at the same time take the initiative to eliminate the consequences of the crime for criminal behavior, may be exempted from punishment. In addition, the full implementation of collateral system, expand the scope of punishment, strengthen the action of deterrence, to prevent the crime. The sentence of the seven main categories: capital punishment, corporal punishment, exile, jail, humiliate punishment, property punishment, the ransom. All of these show the system reform, social transformation of the transition, some kind of penalty also has a certain randomness, embodies the Qin severe political rule policy, cruel, brutal punishment method.

The early Western Han Dynasty, inherited the Qin system of criminal law, the penalty is wide and flat, but it is deeply influenced by Confucian ethics, to maintain order. Its principle is as follows: first, "so, when the law on law offenders, Ming has settled also." The so-called "law" is illegal at the time, the meaning of this sentence is executed to the time of the crime, law as the basis, and can not be promulgated to crime after the decree for punishment basis, namely the law of non retroactivity principle. Second, old, young, residual, and criminal penalty waiver: this principle in China's Western Zhou Dynasty, there is, roughly speaking, more than eighty are under seven years old, young children, elderly, children who commit crimes can be generally penalty waiver: young, old, disabled, women held when the can do not wear equipment; in addition to the female can also apply it, called "female acts Gu shan". Third, implement please: this principle of criminal law has considerable influence in Chinese legal history, "please" is refers to the crime of nobility, bureaucratic some of their families, or a certain situation, some years like people crime, the matter shall be submitted to the emperor decision system. This system established in the Western Han Dynasty (seven years of the Han Dynasty, 200 BC), has been used to the Qing Dynasty, in the Chinese feudal society with legal system for the longest time. Fourth, kiss of the first Punic: refers to a certain range of relatives, for each other's crime can be first and hidden and not to bear criminal responsibility or mitigate the principle of criminal responsibility. This principle was established in the Hanxuan emperor festival in four years, its theoretical basis is "the father, Confucius shield kinsfolk's crime, straight in the" thought, according to this principle, children first and occult parents, wife and husband first hidden, grandchildren and grandparents first hidden, is not a crime; and parents and children first first, husband and wife, grandparents and grandchildren first should be punished, but it should be sentenced to death when through Tingwei, please the emperor decided. Later, according to this principle, has established "the cohabitation guilty as implicit" principle.

After Wei and Jin Dynasties, continue to implement the Confucian ritual, rank order and ethics spirit, legislative activities into a new climax, introducing Confucianism into laws, the combination of law, "five service for the crime", refers to the interaction between Aboriginal violations within the family, according to a five service that far and near the relation between conviction and sentencing, also advocate the "Liu Yang dear", thrive for the old man, and then the implementation of the original penalty embodies the spirit of Confucianism, filial piety.

The Tang Dynasty criminal legal norm, is embodied in the "tanglvshuyi" in this code, mainly on, stick, acts, flow, the death penalty. The principle of penalty, respectively is the wicked punished principles, refers to a serious crime directly harm the feudal rule. Then the nobility, bureaucratic relief principle. At the same time, but also reflects the modern theory of punishment, punishment, such as recidivism aggravated, analogy principle, cohabitation with hidden is not a crime, accomplice principle. The previous legislation and judicial practice, the system and the immobilized.

In the two Song Dynasty period, complicated social contradictions, incessant armed struggle, a serious threat to the Song dynasty rule, all shall punish the thief policy, increase penalties to punish all criminal activities. Legal aspects of criminal as (1) criminal law system and the new kinds of punishment: folding method, combined with the staff, Ling Chi; (2) the penalty principles set new charges to consolidate the imperial power, the protection to social relations, to the "law", "steal stripping zhe ban", increased property the crime punishment measures reflect the special social protection. But the punishment intimidation doctrine does not completely eradicate the thief, but the cure of chaos, society is more.

The criminal law, reflects the strong national colors, implementation of complicated severe punishment by whipping, system, staff, acts, flow, die Wu as the basis, except the legal existence, also allows the lynching, however, the penalty is a step backwards. "Dou eyuan" tells the story of is make known to every family, Guan Hanqing wrote "dou eyuan" is the historical background of China's Yuan Dynasty, at that time, official corruption, corrupt officials and clerks rampant, resulting in The people are destitute., the people are boiling with resentment. From this story we can reflect.

The Ming Dynasty, the guiding ideology of legislation of criminal law is based on the chaotic, to combat the inverse felony, punish the official crime as the focus, strengthen the combat and punishment, aggravating the inverse sin, encourage denounce treason inverse crime, is strictly prohibited to Liege clique and punish corruption bribe crime from inside and outside.

Criminal law is an important part of the legal system of Qing Dynasty, is a master of the feudal criminal law to "no violence, to stop rape, safety and good" as the guiding principle, maintaining the autocratic centralization of state power, open to the public the maintenance meet privilege, strengthening it also showed cruelly punished heresy thought, its prominent manifestation is "Literary Inquisition", and Xing vendor and opium crime. At the same time, also "reduction of death" with modern humanistic spirit.

In general, the ancient criminal law content to strengthen unity, however, the criminal system in ancient China and ancient China had long thought of rule by man are inseparable, in the rule of man over the rule of law, is not for everybody to enjoy the basic rights, so the existence of litigation system in ancient China in such as not execute evasive other unfair feature is inevitable. Therefore, the presumption of guilt, torture system to be developed and was greatly enhanced. But it always has a role in promoting the social.

The main reference materials Chinese legal history "".