The Development Of The Relationship Of Criminology And Criminal Law

There are lot of researches done on the relationship of criminology and criminal law of ancient China. Some scholars believe that the principle of the legally prescribed punishment for specified crime was practiced in ancient china, some believe not and some believe both happened. After comparison and analysis over these several schools of thoughts, it's concluded by this essay that during the time when there is law describes, the principle was practiced and when there is no regarding law, comparison and analogy was practiced. And when any case was filed to the Emperor, all ways of judge are possible: to legally prescribe punishment for specified crime, to judge over discussion (议事以制) or to judge by random decision of the emperor. Therefore, this essay believes that the thought of harmonious coexistence of legally prescribed punishment and non-legally prescribed punishment best represents the characteristics of Chinese law system and Chinese civilization.This essay is consisted of 8 chapters, first 6 of which on the historical development of the relationship of criminology and criminal law in ancient China. In spring and autumn period, the practice of Comparison and Analogy can't meet the requirement of rulers and the principle of the legally prescribed punishment for specified crime was proposed by many scholars and was put into practice as the ruler of Qin Dynasty accepted this principle developed by Pre-Qin Legalist School. The principle of legally prescribed punishment for specified crime was continued in the beginning of Han Dynasty and the relationship of criminology and crime of ancient China was settled. In the middle of Han Dynasty, the Chunqiu Jueyu (Law prescription of specified crime according to Chunqiu and other Confucius works) comes into being and non-legally prescribed punishment for specified crime dominated. Jin Dynasty witnessed the mature of the relationship of criminology and crime as the Criminology Chapter of Jin Book makes a thorough analysis over the relationship between criminology and criminal law. In Sui Dynasty it was clearly defined the principle of legally prescribed punishment for specified crime. Meanwhile in this period of time, some cases judged outside of law was also allowed. The Tang Law in Tang Dynasty made further definition on legally and non-legally prescribed punishment for specified crime. Laws of the dynasties after Tang, including Song, Yuan, Ming and Qing dynasties all follow the content and formats of Tang Law. In Song Dynasty, emperor power interferes more into the jurisdiction and emperor order instead of law comes into being. There were stricter requirements on the principle of legally prescribed punishment for specified crime and more limitations on non-legally prescribed punishment for specified crime. Such phenomenon develops in Ming and Qing Dynasty. Inherent contradictions and ways to resolve them are discussed in the last two chapters of this essay and this essay finally reveals the ideological basis for the existence and development of this relationship of criminology and criminal law.