Criminal Law System's Confucian Of Xixia Dynasty

Xixia - founded by a minority regime of West, in the course of its existence has created a variety of national characteristics and culture. At the same time, as a regime exist along with the nourishment on agricultural culture of the Han nationality in the regime, its political and economic aspectsare subject to the great influence of Han nationality culture.Which, as the core of the Central Plains culture, Confucian culture impact of the law for the Western Xia was particularly significant.Xia Qiang party items and nurtured through continuous learning, forming a more perfect system of criminal law system.In this paper, for historical research and comparative analysis of the all-round, multi-level, comprehensive use of wide viewing angle, combined with the legal system for the study of Xixia, a major theoretical and practical value of the Code - "Tiansheng Laws" in the application of basic principles of criminal law the penalty system and the relevant provisions of the major crimes, and further integration of the party items which the geography and history Qiang environment and after the founding of the Xixia ruler of the country more than a series of measures taken to explore how the Central Plains of the Xixia Confucian system of criminal law,to reveal a minority government with the establishment of the Han nationality culture and profound reasons.Specific to this article, divided into four parts, the first through the "Tiansheng Laws" in the relevant provisions of the criminal justice system, describes the establishment of the Xixia punish "Wicked" principle, the principle of hierarchy and privilege, patriarchal principle and the principle of relief, developmentThe bamboo cane, crutches, only to die four principal punishments, and get tattoos, wearing iron shackles, penalty, no, dismissed five additional punishment.And further described its main provisions of the ruling class against the interests of imperial power and crime, that is, plotters and crime, crime of betrayal, loss of filial piety ritual crimes, crimes such as large contemptuous; violation of the criminal feudal ethics Tsunatsune, that vicious crimes, not filialcrime, odds crimes, Offenses; against personal and property crime; official crime, that greedy-like crime, dereliction of duty, leak state secrets, crimes and crimes related to livestock.In the second part of the Xixia of the criminal justice system a concrete manifestation of Confucianism, in particular: the Confucian system requires Wicked, "the king Chen Gang, the father to son, husband to wife the key link" of legal thought Tsunatsune Normof; established system of eight meetings, the official when the system settings section of the door so pro-government order to maintain the traditional system of ritual is to maintain the feudal hierarchy and privilege; provides Kin is implicit, is not a crime, committed Relatives, quasi-five to the systempatriarchal principle of the crime underlines the feudal society of the family based thinking; reduce crime by young and old, serious illness, surrendered and punished for a crime to work provisions of the law implementing the provincial criminal careful thought.Criminal justice system over the establishment and use of penalties are permeated with the principles of Confucian ethics of hierarchy and privilege patriarchal ideology and the implementation of a benevolent, provincial law, criminal careful thought, Confucianism is the Xixia of the criminal legal system, the distinct expression.The third part explores the Xixia carefully Confucian criminal justice system of the main reasons are: the legal tradition in China during the traditional Confucian culture and the traditional law through the Han, Wei, Sui and Tang Dynasties gradually infiltrated integration, and finally to Confucianismbecome the orthodox legal thinking.The dominance of Confucian culture provides the premise for the Confucianism; Xixia from a living in the remote northwestern region of ethnic minorities, through continuous movement and expansion, became involved in this land of Ningxia, Shaanxi, Gansu and other regions in the territory of the country with more than, which for the Western Xia break the boundaries of the nation, Central China's advanced culture, the Confucian learning culture provides a good opportunity and geographical conditions; Xia After the founding of the Han nationality by taking the translation of, organized "National Studies", respect for Confucius, Li examination and other measures,Confucian ideology and culture makes the items in the party to occupy a very important cultural position, the ruler of Confucianism Confucian reverence also contributed to the process.Comprehensive variety of factors, making the Xixia of the criminal justice system highlights the characteristics of Confucian culture.The last part, the Xixia summary elaborated overview of the criminal justice system, the Confucian-oriented performance and the profound causes of Confucianism.