Traditional Legal Culture Under The Perspective Of Credit And Crime

The ancient Chinese have long time about Credit and Crime. Early in the pre-qin period has been discussed. From’bapi’to’bayi’. From Punishment is not to punish officials and Civilians do not enjoy rights to Punishment is to punish officials and Civilians do enjoy rights. From Crimes shall be given lighter punishment in doubt and Credit shall be given heavier reward in doubt to Credit and crime punished fairly. Credit and crime had never fair to fair process. From thought principle into the judicial system, common law to statute law process. Is also applicable subject from the bureaucracy to grassroots extension process, Is also by the extreme or light or heavy to balance a moderation process. The cause of this law applicable is adapt to the Confucianism method fusion, patriarchal hierarchy and political needs of the imperial power. From Credit to offset the crime, Credit can not offset the Crime. Crimes shall be given lighter punishment in doubt and Credit shall be given heavier reward in doubt and Credit and crime punished fairly such as four specific terms of the applicable law. Chinese traditional law has ethical or pity and Equilibrium of the doctrine of the mean characteristics. The merit and the modern criminal law system is obviously not the same concept Merit of modern criminal law should draw lessons from traditional legal system.