1、让你一天记住中国法制史（Let you remember the history of Chinese legal system one day）The history of legal systemLet you remember a day.The Western Zhou DynastyDistribution of virtueMing Tak King Day, and second penalty, anMing Shen punishment implementation of moral education with punishment, leniencyA ritual i
2、nto the criminal punishment in the family relationship kiss ceremony range, according to their own identity act, not to stress the following Pro Ling.To respect in society, respect should be respected, up and down, all the monarch should abide by birthright.Five Li Ji Li, Xiong Li, salute, guest, Ch
3、arlieThe relationship between rites and criminal law into criminal punishment, a ritual ceremony less than common people, punishment is not the doctor.The longer use contract quality of the slave trade, the bond of horsesThe sale of weapons, the rare agent used short bondThe loan contract Fu debt th
4、e subject and the rights and obligations of both parties in writing on bond etc.;Dont write in a short note, the middle and both sides of the half, One divides into two., Zagreb on word for half the.Three principles of marriage and monogamy, no intermarriage, the life of parents.Six mining satisfied
5、 and asked the name of Najib, please sign, period, pro YingSeven bad parents, no children, prostitution, disease, jealousy, many words, theftThree do not have to marry without return, with more three years of mourning, before or after wealthInheritance of primogeniture entropy to stand long not to Y
6、in, Li to your not longXingshu 536 BC Zheng Guozi, China history first published into grammar activities.Zhu Xing 530 BC Zheng Guo DengXingding in 513 BC Jin Zhao Yang, Chinese history announced second statutory activities.The status of the state of Wei Li Kui, the first is China historical system o
7、f feudal law code.The content consists of six parts, and the thief stealing method, network method, capture method, complex method, out methodThe law prescribes six ban: ban prostitution, the ban, ban, ban, gold and leisure ban etc.Private property and slavery maintenance feudal autocratic regime an
8、d protect landlords, and carry out the theory of the rule of law felony misdemeanor. The content and characteristics of the law fully reflects the will and interests of the landlord class.The main content of the reform of Shang Yang law reform by law, expand the contentThe use of legal means fuguoqi
9、angbing implementation measuresWith the legal practices deprived of the old aristocratic privilegeComprehensively implement the rule of law and the law of heavy Legalist claims.The litigation system for hearing civil cases of first instance.The trial of criminal cases for trialFive listen to the spe
10、ech of listening, listening, listening, color gas ears, listen to.Five but, however, only in the official anti, but goods, but toThree ministers, government officials to discuss the thorn, discuss all people to discussQinThe crime of crimes of imperial powerInfringement of property and personal crim
11、eMalfeasanceThe crime of disrupting the order of Social AdministrationDestroying marriage crimeFlogging, imprisonment, exile penalty punishment, corporal punishment, death penalty, punishment, punishment and shame economic implicated punishmentThe criminal responsibility principle of punishment, Qin
12、 to determine whether adult height, about six feet five inches for adult height.To distinguish between intentional and negligent principleAccording to the principle of conviction value of stolen theftCommon crime and group crime aggravated the principle of punishmentRecidivist punishment principleAb
13、etting crime aggravated punishment principleSurrender to reduce punishmentOn the principle of false accusationGongshigaoThe government must be accepted to private roomThe government will not be acceptedHan dynastyDili Wenjing the end of slavery abolition of corporal punishment corporal punishment sy
14、stem, laid an important foundation to establish the feudal penal system.The Han Dynasty Confucianism pleasebe cautious in imposing punishments to show benevolenceConcealmentJudging by in the spirit of spring and autumn in principle.In autumn and winterWei-Jin periodChange the code structure and the
15、law of Wei lawCao Wei law will by the law to name outThe eight representative system officially included in the codeTo further adjust the structure and content of the code, the Chinese feudal code in the system and scientific progress step.Laws of the Jin DynastyTai was the law of increasing legisla
16、tion law in criminal law, enriches the contents of general provisions of criminal law. At the same time, re arrangement of sub section of criminal law,The width and direction of penalty ban Jane into a big. Zhang Fei and Du Yu for injection.Northern Wei law officer when theThe law of the Northern Qi
17、 Dynasty and forms of law and legislation will name law cases. The law of the Northern Qi Dynasty plays an important role in China feudal legal history, far-reaching impact on the feudal legislation.The legal form change law, order, regulation, and case and typeThe code content changes of eight prot
18、ocols, therefore, on Pro Yin, debate, debate, debate, debate on the power of your diligence, on the objectWhen the officer allowed the officials take office allowance prison privileges system. It appeared officially in the Northern Wei and Chen law in law.For the first time ten felonies in the law o
19、f the Northern Qi dynasty.Inverse, regicide, judge, drop, evil against, not road, disrespectful, impious, evil and strifeThe reform of penalty provisions, such as the death penalty cut cutter.The penal provisions. A wide margin as the death penalty measures to exile.Provisions of flogging, caning.Th
20、e abolition of castration.Five with crime of failure, failure, cut Qi great merit, small power, fine linen hempDeath penalty systemTang dynastyThe law of Tang Dynastys first codeIn addition the service flow law, narrowing the scope of even death, the wicked, and on the eight, this analogy principle
21、and system. Basically the main content and the style of Tang was determined on the later “yeonghwiwon law“ and other laws have a profound impact.Yonghui Shu lawTanglushuyi Yonghui Shu law marks the completion of China ancient legislation reached the highest level. As the highest achievement of Chine
22、se feudal legal system, Yonghui law fully embodies the legal system of the ancient Shu Chinese level, style and basic characteristics, become the representative of the Chinese legal system. Yonghui law become history so sparse Chinese preserved the most complete, most early, with social influence of
23、 ancient law code.Wicked rebellion, seeking regicide, insurgence, evil against, not road, disrespectful, impious, discord, injustice and strifeSix kill murder, intentional homicide, murder, manslaughter, fighting negligence kill, play to killSix stolen by the financial pervert, money is not capricio
24、us, by supervising, robbery, theft, pecuniary malfeasanceBaogu refers to the consequences of wounding is not immediately revealed, the provisions of a special system of the victim offender is responsible for the change of injury in a certain period of time.Flogging, caning, five penalties of impriso
25、nment, exile and deathThe principle of punishment crime of the principle of distinguishing between public and privateThe principle of voluntary surrenderThe principles of analogyBarbarian principleThe characteristics of the combination of the characteristics ofA brief and simple characteristics of m
26、oderate widthThe characteristics of perfection of the legislationThe model is a sign of China traditional code and the formation of law system in china.SongThe song first published the history of the enactment of the law. The full name of “Song Jianlong in criminal system.The table of contents, cont
27、ents and features of song punishment system Yonghui law is roughly the same as the sparseThe same or similar nature of the law and relevant documents, orders, case, type, please such provisions as aContains part of Chi, the five generation of the traffic order, style, type, the code structure of the
28、 formation of a law of cooperationFrom Yonghui history law before each sparse part of a character has changed.This is a series of single edict of finishing the book, rise to a legislative process in the form of general law.The change stick method, distribution service, Ling Chi (in a ritual class “Q
29、ingyuan“, officially as a statutory death penalty)Contract of sale contract (the latter, wrong, trust)Lease contractThe tenancy contractSale contractLoan contract (the use of credit service called liabilities, the interest of the consumer lending out lift)Cross cousin marriage marriage does not proh
30、ibit maternal cousin brothers and sisters.No and allow inheritance in family, enjoy the inheritance of property rights.Acknowledge and posthumous offspring have the same right of inheritance.No man succeeds juehu home.Yuan dynastyFour, the Mongols, Semuren, Han, SouthThe Ming DynastyThe Ming Dynasty
31、 law seven, patients, officials and households, ritual, soldiers, torture,Gao Ming embodies Zhu Yuanzhang “severe political thought.Qing DynastyThe history of Qing China last feudal law code.The legal form of the most important cases in the Qing dynasty.Regulations, rules, procedures, examplesMing H
32、uidian DAMINGHUIDIAN, Qing code, administrative lawthe late Qing DynastyConstitutionalismThe outline of constitution in August 1908, constitutional compiledinvestigation museum.Properties: Chinese modern history of the first constitutional document.Content: the eagle on the power and the subjects of
33、 rights and obligations of the two partFeatures: the emperors power, people have no right toEssence: to the feudal autocratic monarchy with a “constitutional“ coat, confirm the absolute power of the monarchy in the form of law.Nineteen creed 1911, Advisory Council (central advisory body).Content: th
34、e form of the power of the emperor was forced to shrink, the relative expansion of the power of the prime minister and parliament, but still insisted that the supreme imperial power, and the rights of the people did not mention, more exposed to its nature.In the current criminal law in May 15, 1910,
35、 changed the law called “criminal law“, the law will be canceled six head, code name according to the nature of 30 door, belonging to the nature of the civil provisions no longer sentence cruel punishment, abolished some practices (Ling Chi), added some new charges (communication obstruction crimes)
36、.The new criminal law of Qing Dynasty in January 25, 1911, the Ministry announced the first China history in the modern sense of the special criminal law.The new criminal law of Qing Dynasty is divided into general and specific provisions two.Abandon the old law “Dharma body“ compilation.The princip
37、le of legality and the probation system.Qing business law draft in January 1904, “James Qing business law“, is the first commercial law of Qing dynasty.Draft civil law of Qing Dynasty in August 1911, Qing civil law draft, is divided into general, bonds, property, family succession, five.In the crimi
38、nal procedure law draft six, imitation of German procedural law and.Civil law draft of Qing Dynasty four, imitation of German procedural law and.On the development of Dali temple and the trial organization regulations of Dali hospital preparation in 1906.Trial courts of temporary rules issued in 190
39、7 on trial, jurisdiction, trial system of litigation system and rules of a transitional law.The court method formulated on 1910 following the Japanese court organization regulations, absorbing the public trial and a series of new legal principles, but have not really implemented.The change of crimin
40、al judicial system of law departmentDali temple Dali InstituteThe implementation of four grade three examinationThe consular jurisdiction, Guanshen, Mixed Courtthe Republic of China eraThe provisional constitution of the Republic of China in March 11, 1912 published an important document, is the his
41、tory of the original China bourgeois constitutional documents.The nature of the interim constitution1) taking Sun Zhongshan theory as the guiding ideology of nationalism.2) the bourgeois democratic republic country system.3) affirmed the bourgeois democratic republic political system and organizatio
42、n principle.4) reflects the general principle of bourgeois democracy and freedom in the constitution, the provisions of the peoples enjoyment of human life and property, such as residential, religious freedom and election, by elections, examination, petition and litigation rights.5) to ensure that t
43、he principle of the protection of private property.The main features of the provisional constitution: restrictions and precautions against Yuan Shikai1) in the state power system, change the president system into the cabinet.2) in power relation rules, expanding the powers of the senate.3) in proced
44、ural terms, special provisions to modify the program to restrict Yuan Shikai.SignificanceIs the first Chinese history of bourgeois republic nature of constitutional documents.The Tiantan in 1913, the first draft of the constitution of Beiyang government.The principle of the separation of the three p
45、owers of the bourgeois democratic republic, confirmation.Republic of China provisional constitution of the Republic of China in 1914, and the provisional constitution, the provisional constitution, there is a fundamental difference, is a sign of warlord fully determined.The constitution of the Repub
46、lic of China in 1923, the Beiyang government, Chinese modern history first formally enacted the constitution.Features: the essence of trying to cover up the warlord; relationship between the average size of warlords, consolidate the power of state and local government made special provisions.The con
47、stitution of the Republic of China(1947) the Nanjing National GovernmentFeatures: on the surface of the people, by the people and for the people, and the essence of personal dictatorship;The regime neither fish nor fowl.A list of peoples right to freedom of the democracy than any previous constitutional documents are fully. But to be negative.Control of capital in the name of the average land ownership and protection of feudal exploitation, strengthen the real economy bureaucratic monopoly.
