The Study Of The Characteristic And Evolvement Of Yusong System In The Period Of Western Zhou And Eastern Zhou Dynasty

The system of Yusong of ancient China is one of the most important problem in the history of ancient China, especially in the legal history of ancient China.However, due to relatively limited and scattered historical data of the Yusong system from the Pre-Qin Period, most of scholars prefer analyzing it in microcosmic angle of view to in the macroscopical view such as taking the system of Yusong of the Pre-Qin Period as a whole. So, I plan to take the Period of Western Zhou Dynasty and Eastern Zhou Dynasty as a long and a holistic time, basing in the whole time to research the historical characteristic and the evolvement and the factors of promoting to evolvement of the system of Yusong in the Pre-Qin Period and separate the whole time into three changing stages:the Period of Western Zhou Dynasty, the Spring and Autumn Period and the Warring States (403-221 B.C.).Taking the Period of Western Zhou Dynasty and Eastern Zhou Dynasty as a whole, it was the figuration time of the system of Yusong that it takes on three particular traits which had an profound effect on later ancient China history:First, after discerption from the way of mediate dispute according to the power of superstition, Yu song system have an closely relation with rite.Second, after the profound great transform from the medium and late period of the Spring and Autumn to the Warring States, Legalists thought was prevalent and was adopted by kings of most states, and bureaucracy system formed, so the legal case should be heard by law become the most evident trait of the Yusong system.Third, it was can be found that there was the custom the one who cause dispute would be despised in the society of remote antiquity, and it come to the period of Western Zhou and the Spring and Autumn when the ruler avoid dispute with rite, in the Spring and Autumn Period and the Warring States (403-221 B.C.), both the Confucian School and the Legalist School advocate that the terminal aim of hold pleas was no dispute in society coming true, although the two sides have difference in how to heard the case. The ideality of no dispute in society become everlasting pursue of all posterity of ancient Chinese once it formed in the pre-Qin period.The three culture traits impenetrate in the Yusong system of the Period of Western Zhou Dynasty and Eastern Zhou Dynasty which have an profound influence in all posterity in the Direction of Yusong system Developent---after the Han Dynasty, integrating "rite" with "legal" become the basic trait of Yusong system, developing toward NO DISPUTE in every dynasty.Besides, experiencing great change in the period of the Spring and Autumn Period and the Warring States (403-221 B.C.), Yusong system evolution with the times, the overall characteristics of evolution was from RITE to LEAGEL:it was influenced a lot by rite and patriarch system in the Period of Western Zhou and the Spring and Autumn; coming to the Warring States, Yusong system become part of bureaucracy system. There was three leading history factors affecting the evolution:First, there was more and more causal agencies of dispute in the Spring and Autumn Period and the Warring States (403-221 B.C.). So, since the late Spring and Autumn period, every states promulgated positive law which violate the traditional custom---occult law on great degree, which makes rite policy collapsed more quickly.Second, the Legalist School which faces the social reality propose the kings schemes to make the states more strong was on the up growth, and they advocate view the law as the weapon of the king to rule the states which was mainly about punishment and Reward.Third, the movement of getting the rules changed under the Legalist School expedites the childbirth of emerging bureaucracy system, which provides the conditions for the practice of "rule of law" Thoughts of The Legalist School.