Research On Legal System Of Joint And Several Liability In Ancient China

In China,joint and several liability as a legal system has existed since ancient times,and its forms are diverse and widely used.The main manifestations are:Collective punishment mechanisms based on family and kinship relationships.This is mainly manifested in the system of continuous sitting;Regional relations are the link between the public power organization methods,that is,the armored security system;joint and several liabilities in the civil field,such as the debt guarantee system in the Han Dynasty,the implementation of mortgages or pledged loans in the Tang Dynasty,and the implementation of family and guarantors' joint and several liability;in the field of public power,For systems such as recommended and imperial examinations,it is also stipulated that there are joint liability systems.Since the Qin Dynasty to the Qing Dynasty,through successive dynasties and generations,the joint liability system(even sitting,Baojia,etc.)was a powerful measure for the control of society in the ancient countries.It established the relationship between the subjects in the form of "responsibility" and "obligation" and used criminal law.Punishment and civil compensation are the means to supervise the responsible persons to fulfill their legal obligations and ensure the realization of state management,social control and other legal goals.The appearance of the joint liability system in ancient China has its historical inevitability.It is the result of many factors such as the individual personality can not be independent,the family structure of the social basic level,the government information is not smooth,and the social management ability is limited in the traditional era.Applying modern legal theory to historical analysis of this ancient legal system can better understand the wisdom and methods of traditional Chinese social control and management,and interpret the interrelationship between legal rights and responsibilities,and provide some help for the study of modern joint liability legal systems.