A Study Of "Ten Categories Of Major Crimes"

"Ten Categories of Major Crimes" is in an important position in the legislation of the past dynasties all the time.The regulation and Pronounced guilty of felony of "Ten Categories of Major Crimes" play an important role to keeping ruling the order in feudal society.At the same time,"Ten Categories of Major Crimes" embodies a concentrated reflection of the mutual coordination of imperial power and clan authority to the meaning safeguarding ruling of feudalism too.This text first part done detailed tracing to the source to development of "Ten Categories of Major Crimes",to developing one from sprouting one and to mature period,through the development of every generation and dynasty,finally,it is fixing the position of its life centre of feudal criminal law in Tang Lv.Part two do detailed analysis to each charge of "Ten Categories of Major Crimes", dissect the concrete meaning of every charge,summarize its characteristic,differentiate and analyse its property,announce its mutual relation and reflectesocial relationships.Part three has carded on the discussion to "Ten Categories of Major Crimes" how to applicate in the concrete practice.With the development of generation upon generation,we can see "Ten Categories of Major Crimes" forward in the direction of the civilization,and more and more norm.But there is express provision of the law,it will disagree with need which the ruling class rules unavoidably,mostly inclined to aggravate and punish.Person who makes this "Ten Categories of Major Crimes",no longer absolved,and can't enjoy privilege, and because the need of ruler's political,in different periods different treatment ways have appeared in the same behavior,emphasis points of punishing are different to some extent. Because "Ten Categories of Major Crimes" takes precautions against the purpose of making of endangering regime,then the ruler's subjective is very easy to be joined this kind of crime, and push aside or exclude persons of different views,make one's own decisions without consulting with others penalty.Part four has been analyzed the social cause formed to "Ten Categories of Major Crimes",from natural geographical environment,small-scale peasant economy,an organic whole of home country,confucianism,four respects have been explained.Physical geography is the place for social being and emergence,its present form has certain influence on social. social factoral development form.The natural geographical environment of ancient times in China has taken shape and played an important role to the society of ancient small-scale peasant economy,and the forming of small-scale peasant economy and development co-adaptation of social productivity development,it not merely have formed country's integrative pattern of home on the social being,theoretically,country's integrative idea of home is rooted in the hearts of the people,the whole society has formed the social groups of a close combination headed by ruler.The social relationships of the ethics of patriarchal elan system are consolidated,loyalty,filial piety idea are mentioned that the supreme height has arrived all systems of the feudal society are launched around these two focal points.The arising at the historic moment of the Confucianists' idea,have been permeated through practice of the law.The forming of "Ten Categories of Major Crimes" is exactly under the influence of such social factor,confucianism entered establishing in the course of law progressively in an all-round way.Loyalty,filial piety that the feudal society requires represents and has not offered as a gift in "Ten Categories of Major Crimes".The total thinking of this text is according to going forward one by one,except that the macroscopic combines closely with microcosmic,inference and real example and also carries on horizontal and longitudinal comparison.Comparison is a good way to tell one thing from another,strengthen the arguing proved in comparison.Shape not merely from legal system, probe into its supernatural quality.Have already paid attention to the passing on relation governed by law,but want the society,politics,economy,culture,influence on ruling by law of custom with every eras to restrict and get in touch closely,thus can on the whole and accurate assurance content,transmutation,essence of system this at being deeper.In addition, in the concrete demonstration of the article,adopt the induction,survey law,theory to analyse and research a series of methods such as the law and combine together,draw lessons from relevant theories to finish the article.