On The Legal System Of Old Young And Disabled Person Of Ancient China

The vulnerable group of old, young and disability person are indispensable constituents of a country, the Security of this group is affecting state economy prosperous and safeguard to a great extent. Since the founding of new China in 1949, we have made remarkable achievement in economic and cultural fields, however, our social security work develop relatively slowly. In the current, we has basically realize well-off society, completing. the social security system in China is particularly important. Therefore, I choose study on ancient Chinese legal system of old, young and disability person, hoping getting some enlightenment. The research method mainly for empirical research method, analyzing of the relevant regulations of the legal system of old, young and disability person in ancient china. This text is divided into the following several parts:The first part is the thoughts origin of the legal system of old, young and disabled person of ancient China. Any legal system is not just happen, but in certain economic, cultural and ideological background. Similarly, the legal system of old, young and disabled person of ancient China also has its own particular thoughts origin. By carefully analysis, I thinks that the thoughts origin of the legal system of old, young and disabled person of ancient China have the following several aspects:The first is the people-oriented thoughts of Ming De Shen Fa in pre-qin dynasty, as far as the memorial rituals ruler has this people-oriented thoughts. Some records of Shun Di in Shang Shu reflected the thoughts of Xu Xing and Ai Min of ancient rulers. To the western zhou dynasty, there formed the theoretical system of Yi De Pei Tian and Ming De Shen Fa, this theory is also the core content of the pre-qin Ming De Shen Fa thought; The second is the confucian thoughts of Humanity. The influence of confucianism on Chinese feudal society's over 2,000 years is profound. Kong Zi is the founder of Confucianism, he is the representative figure of Confucianism. His legal thoughts include Li Zhi thought, De Zhi thought and Ren Zhi thought, because the influnence of Li Zhi thought and Ren Zhi thought to the legal system of old, young and disabled person of ancient China is little, so the text shall be only discuss the thought of De Zhi. Another representative of the thoughts of Confucian is Meng Zi, the impact of the thought of Benevolent Governance from Meng Zi is also very profound to the after generations, old, young and disabled person as the vulnerable groups of the society are worth sympathy, as Meng Zi said, "all the people have the hearts of the humanity," by the influence of this thought, rulers would be naturally with the idea of Jin Xu to the old, young and disabled person; the third is the simple reasonable idea of ancient China. Throughout the entire legal history of ancient China, whether legal system and legal thoughts or judicial aspects, the reasonable idea is like a shadow which has been accompanied with the growth of law of ancient China, because the reasonable idea is difficult to identify the contents of specified from the specific legislation, however we can really feel its exist from the legal system and the judicial practice, so, we say it like a shadow. Just like Huo Cun Fu said:"There are really something which made Chinese confused between the law and the reasonable idea.' This article through the analysis to the Emotion, Reason and some ancient case, and concluded that:The ancient Chinese legal system of old, young and disability person is affected by the simple reasonable idea of ancient Chinese to some extent.The second part is the development process of the ancient Chinese legal system of old, young and disability person. After the analysis of generations of the ancient Chinese legal system of old, young and disability person, I thinks that, the development of the legal system of old, young and disability person in ancient China has a clear context, this development is divided into four stages roughly:The first, embryonic stage:the pre-qin period. The characteristic of the legal system of old, young and disability person in this period is less, and the relevant provisions on the content is simpler, general; The second, development stages:"Qin Han"dynasties. In this period, the legal system of old, young and disability person was greater than the pre-qin period, the provisions of the criminal absolve was more, and the assistance method of old, young and disability person also has a diversity; The third, the mature stage:the "Tang" dynasty. The legal system of old, young and disability person of "Tang" dynasty is clear and specific, the specific performance is that it made clear dividing category of the disabled in law, the criminal responsibility age of "Tang" dynasty is more systemic and several other aspects; The fourth, the perfect stage: "Song Ming Qing" period. Because the legal system of old, young and disability person of "Tang" dynasty reached the level of scientific and complete, the following several dynasties mostly on inherited in legislation in the law system of old, young and disability person, the contents of the legislation had nothing new, only made some small improvements in some specific system.The third part is the content of the legal system of old, young and disability person of ancient China. Throughout the entire legal history of ancient China, I found that the content of the legal system of old, young and disability person of ancient China mainly included three aspects:The first is the absolve of old, young and disability person. In ancient China, there is tolerance on crime of old, young and disability person. Firstly, the punishment of criminals of old, young and disability person would be reduced or exempted. Secondly, they could be enjoyed Preferential treatment in the torture and penal execution. Thirdly, using ransom or other lighter punishment to replace the original punishment of old, young and disability person; The second is the reduction of service and tax to old, young and disability person. In ancient China, service mainly refers to the force, dickinson, military service, tax mainly refers to the tax. Because of the defects of physiological function, old, young and disability person had no ablity on service and tax, so most dynasties would exempt service and tax to old, young and disability person; The third is the assistance to old, young and disability person.The relief system of old, young and disability person in ancient China expressed diversity assistance method, the specific performance is that provided necessities to old, young and disability person to extend life, the law enforced relatives to take care of old, young and disability person and set up special organizations in accordance with the adoption of old, young and disability person.The fourth part is the evaluation of the legal system of old, young and disability person of ancient China. Including positive significance, limitations and the enlightenment to today's society. Specific content as follows:The first is positive significance of the legal system of old, young and disability person of ancient China. Including emphasizing humanitarian, be helpful for crime prevention and the reform of prisoners, make old, young and disability person get certain security, to maintain social stability; The second is the limitations of the legal system of old, young and disability person of ancient China. Including the limits of rights ability of old, young and disability person, the loss of independent personality of old, young and disability person and the rights of old, young and disability person can not guarantee in real life; The third is the enlightenment to today's society which from the legal system of old, young and disability person of ancient China. The absolve to the old crime in "amendment of criminal law (8) ", I thinks that it is reasoned by the enlightenment of the legal system of old, young and disability person of ancient China to some extent.I draw a conclusion through the analysis of the legal system of old, young and disability person of ancient China that:The thoughts origin of the legal system of old, young and disability person of ancient China including the people-oriented thoughts Ming De Shen Fa of pre-qin dynasty, the Humanity thought of Confucian and the simple Reasonable thought of ancient China. The develop process through four stages that the germination, developing, maturing and perfecting period. Its content mainly included the absolve system of old, young and disability person, the service and tax relief system of old, young and disability person, the relief system of old, young and disability person. Although there are some certain limitation in the legal system of old, young and disability person of ancient China, but we could not therefore refute the positive significance of the legal system of old, young and disability person of ancient China, it still has the important enlightenment and reference to the security system of old, young and disability person.