The Comparison In The Criminal Law Of The Ming Dynasty

Chinese civilization has a long history and splendid culture of law,considerable size of statutes law,system of legislation and judicial and legal principles has been formed no later than the Spring and Autumn Period.The most important feature of Chinese legal tradition is that Chinese legal system is based on statutes law,unwritten law as supplement,criminal law is the main content.Combination of etiquette and all law in one code is characteristics of Chinese traditional law.Legalisms' theory "rule by law" has been extremely popular in the Warring States Period,Qin became powerful because of it.Although there are relatively abundant written law and unwritten law in pre-Qin era,rigid law does not fully adapt the changing social because of the limitations of time and technology,customary law and temporary law is not fit the increasingly progressive political civilization and deviates from the requirement of the rule,so analogy came into being.Now there exist complex factors that will influence the stability of law in the transitional period of China.There is exposure of miscarriages of justice occasionally,and due to the lack of law,some significant damage-social behavior escape from punishment.The application of analogy has nearly run through the whole traditional Chinese society and affected the entire Chinese legal culture Circle.Analogy has become a historical heritage of Chinese legal culture.And as a unique Legal system of Chinese,analogy was officially established for the first time in Ming Dynasty.Analyzing and organizing the analogy of Ming Dynasty,we can pointing out the deficiencies and the value of analogy so that we can use analogy as local legal resources of contemporary China.This paper is divided into four parts as follow:The first part of the introduction,describes the background and reasons for the topic,research status analogy of the Ming Dynasty.The first is the comparison of the meaning attached analysis to identify the origins of analogy,then emergence and evolution of the analogy.The second part is to analyze the analogy of Ming Dynasty,including analogy with related concepts,analogies features and classification.By studying this section can we compare the meaning and the legislative history between analogy and contemporary philosophy of law.The third part is the study of the Ming Dynasty analogy,including analogies and other precedents of case an laws.The last part is the analysis and comparison of the value attached to the era of ultra-era values,analyzing its historical limitations,and China's application of criminal law and improve the legal system to provide contemporary suggestions.