Study Of The History Of Ancient Chinese Legal History

The intent of this paper is to explore some research results of the ancient Chinese legal history with the historiography of the vision, mainly some sort, to research the ancient "learning and realizition", the inheritance relationship between academic point of view and academic origins, and from which to observe the similarities and differences, summed up its own rules, in order to strengthen the socialist legal system of the current initiative and enthusiasm. This paper studies, by the introduction and 10 chapters together, constitute the body content. First, the introductory part of the paper is about to do a basic overview of the necessary explanation and presentation. Then, the content is text, the first 1-8 chapters, the order in accordance with the development of dynastic history, the history of different dynasties of ancient legal system of ancient Chinese legal history on the issue of research-based papers for re-study and research; Chapter 9 of the paper is the study of the stage of development and typical characters and events of the ancient Chinese legal history; Chapter 10 is the author of the ancient Chinese study of the history of the few legal historians thoughts.The main research scope of this paper, is to explore the ancient discussion of important issues on the legal history, such as the origin of the law, legal principles and spirit of the rule of law issues, the legislative history of the system problem, the history of the judicial system issues, the history of legal reform issues, legal history of major events, significant discussion on legal history, for the ancients, such as discussion of these issues and different views are explored in this paper to focus on content.This mainly refers to the legal system of ancient history books, ancient books, ancient Xingfa Zhi, ancient political books, political commentary of ancient writings, and books on these findings, I strive to be comprehensive and systematic study again, but not exhaustive, for example: Chronicles mainly discusses the history books, "Book", "Historical Records", Xingfa Zhi and other ancient writings, but the ancient Xing Fazhi is not in full swing, in addition to profiles of the introduction, there were focused on; ancient political books also choose to select the "Tongdian" , "Book of General", etc; legal political commentary on the history of ancient books, is the ancient dynasties rule of law focus of discussion objects, and in these writings, there is also a detailed exposition and study a little, depending on their research results may be. If the ancient discourse on the ancient legal history and more, then I accordingly a more detailed discussion and research; the contrary, if the ancient discourse on the ancient legal history less, the corresponding author also briefly discussed and studied.Specifically, the main contents of this paper and the structure of the chapters, as follows:Chapter I, the history of the pre-Qin legal history. Focus on the "Book ? Lu punishment" of legal history issues; of the pre-Qin classics and history books contain the pre-Qin Confucianism, Mohist, Taoism, Legalism and other classic exposition of the legal origin of the different points of view; in the discussion of the pre-Qin classics, "chancery" in the "Simulation punishment" on the issue of different perspectives and evaluation; system of pre-Qin classics on the study of revenge, and revenge system of pre-Qin classics brief evaluation; of Legal Advisors magic theory building issueChapter II, the Qin-Han to Sui-Tang history class studies on the ancient legal history. Overview of the Qin-Han to Sui-Tang dynasties Xingfa Zhi-year period of study; focus on "Han ? Xing Fazhi" on the issue of legal history, to absorb the pre-Qin Confucianism, Legalism and discusses the "soldiers, regardless of punishment," the legal origin of said blend of pre-Qin Confucianism, Legalism, the discussion of the principle of legality "Ethics-based, supplemented by the Penal Code "; evaluation of the evolution of legal history, from the Zhou-Qin to Han-year period since; comment on significant legal events and typical discussion of legal history since the pre-Qin; Also focus on issues of legal history of "Jin Shu ? Xing Fazhi", the study, from the legislative history of the evolution of the system, the evolution of the judicial system, legal research history highlighting the various aspects of "legal Confucianism" theme. There is also focus on "Tongdian ? Criminal Law" issues of legal history of the study ,"Tongdian ? Criminal Law," the study of the principles of legal history, legal history and legal history the value of a typical case study.Chapter III, the Qin-Han to Sui-Tang political commentary studies of the ancient legal history (One). Focus on six kinds of legal classics. These classics included "Xin-yu", "Xin-shu", "Huainanzi", "Chun-qiu fanlu," "On balance", "Hermit" theory, and other writings, focusing on the different legal origins that evaluation on various pre-Qin "Ethics-based, supplemented by the Penal Code "principle of legality of the new content developed in different, discussion of the judicial system in the history of" legal Confucianism "of the problem, research," chancery "contained" redemption forgiveness "in the history of the judicial system to correct errors in legal history ancient Pre-Qin view.Chapter IV, the Qin-Han to Sui-Tang political commentary studies of the ancient legal history (Two). Focus on three kinds of legal classics. "Mr. Changli’s Sets" to explore the theoretical basis of the rule of law, legal origin and the core spirit of law; "Liu He-dong’s Sets" stressed that law originated from "potential ", and criticized "curse ","seasonal", studied Confucian "revenge" system nature of the problem; "Bai Ju-yi’s Sets" to refute the Confucian" Ethics-based, supplemented by the Penal Code "legal concept, to explore ancient legal history, "the causes of crime," exploring the Confucian "wide fierce with mercy" judicial connotations.Chapter V,Song, Yuan, Ming and Qing history class studies on the ancient legal history. Discusses the Song Dynasty of ancient Xing Fazhi of study outlining the "History of the Song ? Xingfa Zhi", "Liao ? Xing Fazhi" and other issues of research in legal history; reveal "Liao law" "enshrined Confucianism, Han-absorption law system" of the traditional legal history; to explore "Jin ? Xing Fazhi" a clear distinction between the two concepts "Punishment" and "Law" for the first time; which has been by far the only remaining one informative Jin legal literature,and then cash people courage and good at learning the history of Han Chinese law; discussion "Yuan ? Xing Fazhi" of absorbing the spirit of Confucian law, its legislative history and judicial history through the Confucian "virtue" spirit, history and narrative in the mind the way heritage "Tang" and "Code "style of history; Research, "Ming ? Xing Fazhi" recorded "Ming code" "to" Tang "based" legislative intent, "Ming code," "As times change penalties arising from changes in the severity of the corresponding," the legislative history, the evolution of the judicial system, and to explore that Tai-Zu, Ming Emperor Xuan Zong and other legal history theory; "Book of General "on the issue of legal history research, to clarify the "Book of General "point of view of legal history, and extract some typical research on legal history.Chapter VI, Song, Yuan, Ming and Qing political commentary studies of the ancient legal history (One). Focus on selected six kinds of objects to study ancient legal system. "Fan Wenzhenggong’s Sets " proposed to give a new meaning of "moral force" theory, proposed giving new meaning to "Limit the sovereign rights" theory; "Complete Works of Ouyang Xiu’s" advocated " interpretation of ancient times the "Five punishments" system, refuted the legal history "vertical prisoners," the fallacy and hazards; "Straight talk Lee Collection" re-interpretation of "legal" content, exposition, "Zhou’s etiquette" the rule of law "prudent punishment" character, exposition, "Zhou’s etiquette" legal system "universal" characteristic; "Wang Linchuan’s Sets" described "Three deficiencies" Reform-theory, compromise evaluation of Confucianism and the ancient dispute, deny "Zhou’s etiquette" Revenge of the system; "Hui An’s Sets "and "Zhuzi "created "The rule of law originated in natural justice " theory, analysis of the new change of the ancient legal principle of "Ethics-based, supplemented by the Penal Code ", developed the "Bute out punishment to teach" new meaning of "Book".Chapter VII, Song, Yuan, Ming and Qing political commentary studies of the ancient legal history (Two).Focus on selected seven kinds of objects to study ancient legal system. "Sincerity Bo’s Sets " against the "God punished" legal origins theory, Dialectical absorption Dong and Zhu Xi’s "Moral and criminal relations" theory, for the first time questioned the legal history of Confucianism, "Seven Out’s" by the justice; "Mingyi-Daifang-Lu," critique "divine right of kings" of the country and legal origin theory, exposing the ancient feudal rule of law, "one of the law," the essence of ancient criticism, "there were no governing law rule," legal view of history; "Daily Understanding", "Ting-lin’s Sets " critical history of monarchical power and legal rights of misunderstanding, research the Western Zhou Dynasty "patriarchal" and "village kiosks legal" value; "Reading Chronicle" theory refuted the ancient "orthodox law" argument, the legislative system to explore the ancient history, ancient history of the judicial system issues, to clarify their legal history history of ideas; "Gongzizhen’s Sets " original "farmers were" legal origin that follow the Political Reform cries; "Mo Gu" summed up the law of legal history and legal system reform, the Confucian tradition, "Ethics-based, supplemented by the Penal Code " the principle of legality, inheritance Xunzi "There were no governing law rule" and "rule of man" concept of justice, stand the legal system that can be either Confucianism, Taoism and the doctrine of law.Chapter VIII, All dynasties’law-explaining studies of the ancient legal history. Focus on selected four kinds of them. "Tang Code," the legislative history of reproduction of ancient Chinese history with the law school, revealing the evolution of the Confucian-oriented Chinese legal history; "Daxue-Yanyi-Bu" ancient Comment "Simulation punishment" theory and legal origins theory, expounded "Ethics-based, supplemented by the Penal Code " a new meaning of the rule of law principle to explore the ancient history of the legislative system, exploring the history of the ancient problem of the judicial system; "Tang-Ming Law, eds", "Doubts on reading the Law," stressing that "Etiquette-based, supplemented by the Penal Code" principle of legality, to explore the legislative history of ancient Chinese law and judicial history of the law.Chapter IX, the study of the stage of development and typical characters and events of the ancient Chinese legal history; the first section of the historiography of ancient Chinese legal system, the development stage, the legal history of ancient Chinese history is divided into the evolution and production of embryonic period (pre-Qin), the elementary development period (Qin, Han, Wei, Jin, Southern and Northern Dynasties), the fast development period (Sui, Tang), prosperity and transition (Song), the complete mature period (Ming, Qing). The second section examines the history of ancient Chinese legal history characteristics typical of historians of the study, cites Ban Gu, Du You, Ma Duan-lin, Xue Yun-sheng that were the four typical representative. The third section According to ancient Chinese legal history makes a case analysis of typical events, to choose to take the five major events of the ancients of these five events unique insight and perspective.Chapter X, on the ancient Chinese study of the history of the few legal historians Thoughts. Section I, the history of ancient Chinese legal history and social background of the relationship, clarified legal historiography of ancient Chinese prosperity and socio-political, socio-economic development and the relationship between traditional legal culture, discussed the legal history of ancient Chinese history and historical origin, of China Ancient legal historiography long delay causes; Section II, the history of ancient Chinese legal history of relations with related disciplines, to clarify the legal system of ancient Chinese history and Chinese legal history, the history of Chinese legal history and theory of the relationship between the history of Chinese law; Section III, explored the ancient Chinese study of the impact and value of legal history to explore the ancient history of the rule of law "benefits and truth", exploring the ancient history of the rule of law, "the academic heritage and scholarly innovation" issue; Section IV, the ancient Chinese method of historical research central issue, to re-examine the nature of the spirit of ancient Chinese law, research the ancient origins of the legal system and its evolution study of the pros and cons, ask the ancient tradition of ancient Chinese cultural characteristics of the different legal interpretations of ancient history in the comparative study of different "History "; Section V, took Shen Jia-ben’s research on ancient Chinese legal history as an example, to provide a reference model about studying of the history of ancient Chinese legal history; Section VI, introduced on the history of ancient Chinese study of the history of legal information guide, to clarify the face of China Ancient legal confusion and resolve to introduce the study of ancient Chinese legal system, the focus of books, research information for the index.