On The Impact Of The Mourning System On The Ancient Legal System

Mourning is refers to the people wear the clothes, dress for mourning the dead. Mourning system refers to the formulation of a strict set of funeral hierarchy on the basis of the relationship between the living and the dead, hereinafter referred to as "Fu". It embodies the Chinese ancient kinship, the level of political relations. According to the relationship between the living and the dead, mourning system was ruled clothes wearing specifications, styles and the duration of the mourning, then form a integrity system with Zhancui, Zicui, Dagong, Xiaogong, Saima. These five mourning are "WuFu". Mourning system originated from zhou Dynasty and in the spring and autumn period and the warring states period had been full of weeds. The emergence of "funeral etiquette is a sign of its formation. The funeral form originally expressed the relationship between the living and the dead, because its been given the maintain patriarchal ethics relations by extension and its functioned well to till the end of the feudal society of our country. Jin dynasty, the confine of "funeral" system of "WuFu" had been broke through, it’s begin to defined and judged the distance of the relatives relationship, and gradually evolved into a system with characteristic of ancient Chinese relatives degree. Even in a civil, criminal and administrative law practiced "WuFu to judge".In a word, this mourning system with Chinese characteristics played an important and far-reaching influence to sustain patriarchal relations in Chinese ancient society. Based on it, this article through to the forming process, the content of the mourning system and the influence of ancient Chinese legal system, not only reflects the distinct patriarchal ethics relations of ancient Chinese laws, but also reveals the dialectical of human and human feelings of the feudal law. Besides the introduction and conclusion, this paper can be divided into three parts:In chapter one, mourning system overview, investigates the background of the system of mourning, produce process, and specific content, hold the view that the system produced its unique customs and culture phenomenon on the basis of Chinese own patriarchal clan social structure and Confucian thought. It is started in the spring and autumn period. Mourning system first revealed as "WuFu" of Zhancui, Zicui, Dagong,Xiaogong,Saima.In chapter two, mourning system influenced Chinese ancient criminal law system, it is investigated the mourning system how to influence our country’s criminal law system from qin han, wei jin southern and northern dynasties and sui and tang dynasties. Artificial system of mourning for the criminal law system in China mainly shows in the crime punishment of offending relatives, and the severity of criminal responsibility rely on the relatives relationship. At the same time, if a man would not to prosecute his relative had committed a crime, then he would exempted from criminal responsibility.In chapter three, mourning influences of other ancient Chinese legal system, it is comprehensive investigated the mourning influences for litigation of our country in ancient time, the influence of the civil legal system and the influence of the administrative laws, including the " qin qin de xiang ni shou ",the institution of marriage and family system, inheritance system, kinship restrictions, relatives to buy property rights for individuals, the right of the household registration system, the official appointment system.