Legal Treatment Of Torts In Traditional China

The aim of this paper is to analyze and explore the causes of formation of ancient Chinese law of torts and its operation, by describing the history of ancient Chinese law of torts, in order to realize the society of traditional China and the living order of"human". This paper applied such text research, comparison, case analysis and sociological research as methods. The main content of this paper is as follows:The first chapter, Distinguishing and Analyzing Related Concepts of the Ancient Law in China, distinguished and analyzed some essential concepts in the ancient Chinese law related to the subject of this paper, such as"justice"and"benefit","public"and"private","crime"and"punishment", and was to confirm the meaning and range of"torts"in the context of ancient China.The second chapter, the Historical Evolution of Ancient Tort Law, described the origin and historical evolution of the ancient tort law in China, according to the time sequence of the ancient Chinese history, and summarized characteristics of ancient tort laws in different historical periods.The third chapter, the Causes of Formation of Tort Damages System in Ancient China, analyzed the historical causes of formation of tort damages system in ancient China in detail, in different dimensions such as the universal social mind in traditional China, the substitute application of punishment and the Burial Silver institution, and in the background of Qing law, described briefly the ancient tort damages system in China. The fourth chapter, Legal Sources of Torts in Qing Dynasty and Their Relations, in the background of Qing law, analyzed some legal sources regulating torts in traditional Chinese society and their relations, and after reciting briefly the trial of case in Qing local courts, thus analyzed how those sources could inosculate each other and work in the imperial control of traditional Chinese society.The fifth chapter, the Types and Legal Liabilities of Torts in Qing Dynasty, analyzed mainly the forms and types of ancient torts in context of Qing law, and the categories of tort liability and its application in Qing Dynasty.Finally, in the last section, it concluded that the ancient tort law is one significant part of the Chinese ancient law, and underwent a long and intricate evolution; its causes of formation are very complicated, including the traditional social mind, the substitute application of punishment, the life damages institution and other factors. Until Qing Dynasty, it constructed one set of integrated, mature and characteristic ancient tort damages system. In the traditional society of China, the Chinese empire resorted to the ancient legal system, including the ancient tort law, and regulated ancient human relations, controlled the traditional society of China, maintained the imperial social order, thus achieved the harmony of temporal and natural orders.