Chinese Legal History

Author: Chief Editor: Guo Chengwei
Publisher:
Publishing Date: 1999-08-01
Features: Preface: In order to meet the demand for legal talents in China's socialist modernization and the implementation of the strategy of governing the country according to law, and to comprehensively improve the quality of legal professionals, we have invited law professors and experts from courts and practical departments to compile and publish this series of textbooks. Guided by Deng Xiaoping Theory, these textbooks absorb the latest achievements in domestic and international legal education, facing the 21st century legal education, correctly elaborating the basic theories and fundamental knowledge of this discipline, adhering to the principle of linking theory with practice, and striving to achieve a unity of scientificity, systematicity, and practicality. A History of Chinese Legal System is one of them. The writing responsibilities for each chapter are as follows: Guo Chengwei Introduction, Chapter 1, Chapter 2, Chapter 3, and Section 12 Sun Zhenping Chapter 4, Chapter 5 Jiang Xiaomin Chapter 6 Tian Xiaomei Chapter 7, Section 13, and Section 14 Wang Hongzhi Chapter 8 Gao Huanyue Chapter 9 Section 1 and Section 2, Section 12.2, Section 12.3, and Section 12.4 Li Zhuhuan Chapter 9.3, Chapter 10, and Chapter 11 Wang Guangbin Chapter 15 and Chapter 16 Zhao Bo Chapter 17 Excerpt: The history of Chinese legal system is profound and extensive, holding an important position in the history of world legal systems. The Chinese nation is a great nation. Relying on tools made of stone and metal and the convenience of the Yellow River irrigation, it entered the class society more than 4,000 years ago and became one of the four great ancient civilizations in the East. Specifically, starting from the 21st century BC when Yu passed the throne to Qi, who began to be called a king, the primitive society in China entered the class society, and at the same time, the earliest slave law system was born. Later, after the Shang and Zhou dynasties, especially the construction during the Western Zhou period, the legal system of the slave society accumulated rich experience. Not only did it establish the basic model of ancient Chinese law, but it also became an important source period for the Chinese legal system. In 475 BC, China entered the feudal society. The feudal legal system underwent significant development, with major changes in both system and content, principles and implementation compared to the slave law system. Generally speaking, the Chinese legal system refers to the legal system of feudal China. The establishment of the feudal legal system during the Warring States, Qin, and Han dynasties marked the formation period of the Chinese legal system; the perfection and standardization of the feudal legal system during the Wei, Jin, Sui, and Tang dynasties marked the mature period of the Chinese legal system; the feudal legal system during the Song, Yuan, Ming, and Qing dynasties underwent significant changes compared to the Sui and Tang dynasties, marking the evolutionary period of the Chinese legal system. Compared to the Sui and Tang dynasties, the influence of rites gradually weakened, while the relative strengthening of criminal suppression. The feudal legal systems of China's dynasties had a homogeneous hereditary relationship in succession, but at the same time, the feudal legal systems at different developmental stages showed significant differences. As shown above, ancient Chinese legal systems developed in a spiral fashion, forming two high tide periods. , represented by the slave law system of the Western Zhou. The Western Zhou period proposed the guiding principles of "promoting virtue and being cautious in punishment," the feudal hierarchical principle of "loving one's kin" and "respecting superiors," and the governance model of integrating rites, music, punishments, and politics to achieve order, which had a profound and far-reaching impact on later feudal dynasties and was revered as the "foundation of governing the state." It was adapted and implemented. Second, the feudal law system represented by the Tang Code. The Tang Code is the representative of the Chinese legal system. As a Japanese scholar said: "The Tang Code of the 7th century surpasses the Carolingian Code of the 13th century in the West; it is no inferior to the German Code of the 17th century." To a certain extent, the Tang Code embodies the typical characteristics of a feudal code, standing side by side with Roman law and the Napoleonic Code as three of the world's most important legal codes of global significance. The emergence of the Tang Code marked the maturation of Chinese civilization, especially legal civilization. The study of the Tang Code has the following important values: , the governance of the Tang Dynasty was not based on personal rule but on the rule of law. Some people say: it is better to praise Emperor Taizong of the Tang than to praise the system he established, and this view is very reasonable. The Tang Dynasty lasted for two or three hundred years, a key reason being the realization of institutionalization. The turmoil during Wu Zhou's reign, the chaos of Empress Wei, and the turmoil of Princess Taiping did not affect the development of the Tang Dynasty. Later, the Kaiyuan emerged again, although the An Lushan Rebellion occurred during the Tianbao period, the Tang Dynasty still lasted for a long time. There is a very reasonable sentence in the Tang History·Crime: "Throughout the Tang Dynasty, only the laws of the Taizu and Taizong were strictly observed and preserved." The ancients also said: "When a person is present, the government succeeds; when a person is gone, the government fails." Personal rule has limitations and cannot ensure long-term stability. The key to long-term stability lies in legalization and institutionalization. This is a very valuable experience worth learning from. Second, administrative law and the rule of law in governing officials. The core of administrative law is the rule of law in governing officials. In governing officials, the Tang Dynasty accumulated rich experience. Emperor Taizong repeatedly emphasized the idea that officials who commit crimes should not be lenient and should be judged according to the law, with firm sanctions if they break the law. Emperor Taizong's uncle, Li Daozong, was stripped of his title and degraded to a commoner for corruption. This shows that the key to the rule of law in governing officials lies in the ruling class's conscious self-restraint. Emperor Taizong and his successors emphasized the idea of "virtue as the foundation and punishment as the means," that is, "virtue and rites are the foundation of governance, while punishments are the means of governance." An important part of this is using the ethics and morality of the ruling class to constrain the ruling group, especially the upper echelons. It emphasizes that the ruling group should implement it from top to bottom. Third, the Tang Dynasty attached great importance to continuously revising and improving the law.