| The legal system is the cornerstone of the national system, and the criminal law isthe essence of the legal system. In ancient times, the criminal law provisions ofAccusation and Penalty and its associated regime. Criminal Law of the Liao and JinDynasties and other dynasties of ancient China there are some differences. First, Liao andJin dynasty regime established by the northern ethnic minorities, the development andimplementation of the legal system with their own national characteristics; Second, Liaoand Jin dynasties regime established in the case of confrontation with the Central Plains,and quickly transition from slavery society to a feudal system of society. Therefore, thecreation of the criminal process is the process of the legal system of feudal; Third, theLiao and Jin dynasties, in the case of the regime established by the different ethnic nation,in addition to minority common characteristics, due to the differences of the twodynasties in which the historic environment, the two dynasties unique nature of criminallaw and is very prominent.Ancient Criminal Law is rich in content. This article will discuss the Liao, Jin andcriminal law in the Accusation and Penalty to explore the development of the Liao andJin criminal law process and legal systems in China. This article is divided into fourparts：The first part of the creation of the Criminal Code for the Liao and Jin. Liao and Jincriminal law traceable. Liao Dynasty’s criminal law is based on the Khitan tribe ofcustomary law based on, learn from the Criminal Law of the Tang, Five Dynasties; TheCriminal Law of the Jin Dynasty in the Jurchen old customs on the basis, learn from andabsorb the Criminal Law of the Tang, Song, Liao. The formation process of the two arevery similar, but its criminal law and each with distinct characteristics.The second part of the Liao and Jin Dynasties "crime" and "criminal". Said Liao andJin Dynasties "crime" and "Legal Advisors" to explore the process of change in criminallaw in the "crime" and "punishment"."Crime" and "Legal Advisors" are important partsof criminal law. Liao and Jin dynasties are northern minority, with a lot of similarities,coupled with both inherited the laws of the Central Plains, dynasties of similar "crimes " a lot, however, the Liao and Jin dynasties with national characteristics, two dynasty’sunique "crime" is also rather special;"Legal Advisors" comparison is to explore thechanges in the Liao and Jin dynasties dynasties "Legal Advisors" from the FivePenalties.Because of the different dynasties of the national culture, political system, thereare differences, the feudal level, two criminal law have common characteristics at thesame time, both their own ethnic characteristics.The third part is the Liao and Jin criminal law thinking, different and the reasons ofthe applicable principles. Of the Liao and Jin criminal "crime" and "criminal" reasons forthe differences and deep roots. Liao and Jin dynasties there are differences in thedevelopment process of the criminal law thinking; the Criminal Code applies to theprinciples of their own characteristics, resulting in the process of legislation and theconviction and sentencing of the Liao and Jin rulers in similar historical circumstances,traced the national cultural differences, the feudal, finished at different levels, thedevelopment of socio-economic differences caused.The fourth part is to explore the heart of the Liao and Jin criminal law for thenuclear characteristics of the "crime" and "criminal". Mainly in the Liao and Jin criminal"crime" and "punishment" to explore the common features of the different characteristicsof the Liao, Jin and criminal law. Retained many of the cruel punishment means;legislative basis for national habits and the law of the Central Plains; nationality;experienced no statute law era legislative mature stage of the Liao and Jin criminal"crime" and "punishment" common features.Different characteristics is reflected in thedevelopment of criminal law context. |
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