Ancient Chinese Statute Law Form Time To Study

It is well known, our country's legal tradition is extremely glorious, the law origins from the primitive society last stage war and the sacrificial offering, but forms in Xia Dynasty. But, within very long period of time, the law continuously is at the condition which keeps secret. Until enters the Spring and Autumn Period time, as a result of the patriarchal system collapse, take rules by ritual originally as the main body common law has been impossible completely to support the king post frame again which the society rules, the intense society transformed day by day has produced to the written law demand. Under this situation, the written law has then arisen at the historic moment, its symbolic event is Lu Zhaogong six year Zheng country is in power produces "casts the punishment book" and Lu Zhaogong 29 year Jin country Zhao Yang, xun the third branch "casts the punishment tripod with two handles". Certainly, the written law substitution common law was a long-term process, our country's common law time also not in light of this delimits the period, until entered the Warring States time, the written law only then substituted for the common law, our country legal system history entered the written law time, but the common law also did not have to fade out completely the history, even if was already becomes the mainstream in the written law the modern society, the common law still has its suitable scope. Even if but so, we cannot the excessively many exaggerating common law function, appraise to it excessively high.Simplify, this article mainly carries on the discussion from following five parts:The foreword part, briefly narrates the origin which this article selects a topic, at present to Chinese law research achievement already quite remarkable, but conducts the research to the written law formation time not to see actually. Moreover the law educational world is surging an ideological trend, soon China's written law forms the time to conclude very early, takes actually does not sell the evidence which the human believes to explain. On the other hand, some scholars still in loudly sang the song of praise for the common law, thought should establish a set of case-law system. I thought the law educational world these two views all have the place which is worth discussing, is for this article writing origin.The second part, the synthesis induces the predecessor the research results which origins about the Chinese law to draw the conclusion, the Chinese law origins from the war and the sacrificial offering, namely "the punishment results from the soldier, the law stemming from the ritual". And further pointed out, although China's law origins very early, but this kind of early law is not a written law.The third part, this is this article core part, in view of present law educational world quite popular considering "the summer "Yu Punishment", the Yin "Soup Punishment", the week "Nine punishments" all should integrate the written law the category, therefore before Western Zhou Dynasty China has the written law" the view, carries on one by one the level analysis: First, unifies the predecessor research results, the analysis pointed out "Yu Punishment", "Soup Punishment", "Nine punishments" itself still had the anxiety, we could not certainly through them prove the summer, business, the Western Zhou Dynasty already entered the written law time. Second, the law educational world scholar take "the Lu Punishment" as the basis, thought the Chou Dynasty already had the written law, "the Lu Punishment" was Chou Dynasty's written law. But I believed that, "the Lu Punishment" is not by the article form performance, take standard as characteristic statute book, thus cannot take it as the basis explain the Zhou Dynasty already had the written law. Third, pointed out before Warring States method the form has ten kind of many, it produces the way has three kinds, thus draws own conclusion, namely "before Warring States method the multiplicity causes to formulate the written law to appear is not unnecessary".The fourth part, pointed out the summer business Western Zhou Dynasty really had already the behavior standards existence which displayed by the article form, but this kind of article form displayed standard itself not direct legally binding, thus they were not "the written law", we might call it "the existing writing law", although they were only the absence of one word, but between both had in substantive actually the difference.The fourth part, through analyzes the Spring and Autumn Period later period the social form, pointed out in the Spring and Autumn Period later period, at that time in politics, the economy also had in the social structure all to have the significant transformation. Is precisely as a result of these transformations, only then has initiated in the legal regime significant transformation, namely method the secret condition is broken, the written law has mounted the Chinese legal system history stage.The fifth part, this part carries on the elaboration from two aspects, pointed out the Spring and Autumn Period time written law does not have to be able to mount the legal system history the stage, until enters the Warring States time, our country legal system history only then enters the written law time. First pointed out through the analysis that, has Yu Lu Zhaogong six year Zheng country to produce "casts the punishment book" and Lu Zhaogong 29 year Jin country Zhao Yang, xun the third branch "casts the punishment tripod with two handles" these two events although founded in the history to announce the written law the beginning of a matter, but Chinese legal system Shi Bing in light of this has not entered the written law time.Arrives at the end of Spring and Autumn Period continuously, the ritual status, the poetry book status was still far above the punishment book, has still not received the universal respect as the behavior standards written law authority. Next through the analysis Warring States time various countries written law foundation activity and this time law characteristic, pointed out the Warring States time was our country ancient times the written law formation and the maturation period.