Lu Criminal "and The Western Zhou Xiang Criminal

Shangshu is a pre-Qin literature which has come down to this day and furthest agelong history .The literature compiles on politics ahd history. It is the primacy literature data for studying the politics of Xia-shang-zhou dynasty.As a piece of literature in Shangshu, Lvxing is the oldest writing focusing on punishment system, which recorded the fundament about penalty brought into effect at first in our country. For studying the law system in Western zhou and Western zhou society. It has the most rarity and significant historical material value.Lvxing was based on the mid Western zhou dynasty , analysed the society cause of Western zhou on three aspects: history, idea origin and political background. In the mid Western zhou dynasty ,the development of politics and economic destroyed the intrinsic society criterion, throw the intrinsic rule order into confusion, meeting the challenge of the primary amenity criterion. The connotation of punishment anamenesis had also occurred a series transformation: from protecting-people to controlling-people, from the view of penalized cautiously to the justice law, from the control by courtesty to the control by law. Lvxing is the outcome of the development in the Western zhou society. Based on the idea of "the highest virtue is penalized cautiously"in the early Western zhou dynasty, it set down definitude prescript including five punishment, five penalize, five fault.It also set down the uniform penalty principle: the principle of the fact settling a lawsuit, the principle of combine conviction,the principle of misdeed legal,the principle of compareing conviction and the principle of condone become of double.It made out definitude prescript on the diathesis of bureaucracy who masterd punishment and jail :goodness,industry,probity and honesty. The emphases of this text expatiates the view of good law ,absolve system, atonement system. Lvxing is the perfectable combination of the anamnesis on Western zhou's punishment and administration idea, as well as made increasingly obvious of the govermental order and logos. The penalty anamnesis of "virture first, punishment second" which embody in this text have made far-reaching influence in afterworld.