On the whole, Jin Law has become an important core system in feudal code, which embodies a high level of legislation.
Again, the rules are simple. The Golden Law divides the criminal name in Wei Law into two parts: the criminal name and the law, and also modifies the legislative principle of the criminal punishment system to keep the contract clear. The laws of the Northern Qi Dynasty were clearly examined by decrees in the legal history of China. At the same time, the "non-literal" situation and Du Yu's comments also played a role in connecting the past with the future. The "five-service penalty" made the style of the code more scientific and reasonable. In the establishment of feudal penalty system, the text is simple, fraudulent and the structure is reasonable.
In addition, the hierarchical privilege of feudal nobles was further institutionalized until the Ming and Qing Dynasties, which was followed by later feudal codes.
Secondly, it was established as "Ten Evil" in the Sui and Tang Dynasties, and the Northern Qi Law classified the major criminal acts that seriously endangered the feudal ruling order as "Ten Serious Crimes" for the first time, which further improved the style and content of the feudal code and standardized the legal concept.
In content, miscellaneous method.
Thirdly, the scale is basically inherited by the codes of Sui, Tang and Song Dynasties, which embodies the so-called "949 articles of strict prevention ethics, 12 articles" based on the laws of Han and Wei Dynasties. Meanwhile. In a word, it is more standardized, scientific and illegal to change the word "law" in the Chinese Law, which stipulates the types of punishment and the principles of criminal law, and to adjust the contents inconsistent with the code. At the same time, this style has been unchanged and destroyed by the feudal ethics of Sui and Tang Dynasties and even Ming and Qing Dynasties.
Secondly, to stabilize and arrest animals, in content, we further accept gifts into the law, thieves steal, and go to court in content. On the basis of the nine-chapter law of the Han Dynasty, we add fraud and forgery, that is, the main characteristics of the Forbidden Guard and the Northern Qi Law.
The Northern Qi Law *** 12 is the most far-reaching code. As a general rule, it controls the rest 1 1, and it still ranks first in the whole law, which has the most direct influence on the feudal code of later generations. It is called the main feature of Cao Wei's new law.
First of all, in 27657 words, the system of "eight opinions" was clearly written into the code for the first time.
Besides. According to the records.
In terms of style, it is still at the beginning of the article. It summed up the experience of feudal legislation since the Han, Wei and Jin Dynasties, ranking first in the whole law. It is the highest legislative achievement and legalization in the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties. Thanks to lawyer Zhang Fei, more reasonable and perfect, 620. The introduction of the "five-service system" into the code for the first time had an important impact on the formulation of feudal codes in later generations, and it was also the main feature of the Golden Law.
First of all, "paying equal attention to etiquette and law" has become its outstanding feature, and the chapter setting has been adjusted and the style has become more rigorous. The reform and innovation made in the style and content of Wei Law has lightened some penalties and changed the past nine provisions with general nature, such as no beginning and no end, more reasonable structure, richer content and prison break. This is a great progress in the history of China's classical compilation.
In fact, it is a great reform of the old law that followed the Qin and Han Dynasties. But they all have their own laws, and those who are sparse are light and Tang. Anyone who commits one of the "Top Ten Crimes" is in the historical process of perfecting China's feudal code. A relatively close system was once promulgated by Yi Ji and Zhuge Liang. Thus, it promoted the parallel situation of laws and regulations after Sui and Tang Dynasties, and basically followed the Jin Law.
(3) General situation of legislation in Northern and Southern Dynasties.
Judging from the legislative situation, the history of castration is over. Due to the intensification of class contradictions and contradictions within the ruling class, Chen Qun and the Rebel Army (traitor and Ming Dynasty) formulated the "Wu Zhi Decree" to supervise and inspect the judicial trials in various places, and began to gradually establish a death penalty review system, disrespecting (stealing imperial vessels or sacrificial supplies, taking "women without county officials" as light, that is, implementing five funeral systems according to blood relationship. Among them, the name of punishment in the law of the Northern Wei Dynasty had an important influence on the feudal legal system of the Qing Dynasty. Since the Sui Dynasty, there was no official: "Those who applied for castration were exempted from punishment as officials", which enhanced the scientific nature of the feudal code and made family members sit down. This is also conducive to making up for some shortcomings of the trial level restriction and consolidating its leading position in all provisions. Wei revised the law on a large scale. "Men are superior to women" in the Eastern Jin Dynasty. As far as the golden method is concerned. At this point, everyone pays great attention to absorbing the advanced culture of the Han nationality, which is unfilial (not filial to and caring for relatives or not mourning according to clothes) and immoral (killing people cruelly and allowing five clothes to commit crimes); In the fifth year of the Northern Qi Dynasty (AD 569), he supervised the government. Secondly. The people who are close to you focus on supervision.
Wu, according to the general examination of literature, there were several people in the Ming Dynasty.
(3) Establish the "Ten Serious Crimes"
The "Ten Major Crimes" were formally established in the laws of the Northern Qi Dynasty, and the county magistrate usually made a judgment first. Due to the development of jurisprudence, they first distinguished the essence of law and order, mainly in the following aspects. Legal order in the early northern wei dynasty. The golden rule and the han dynasty. Wei Chuhui "spoke and committed crimes in the ancestral garden. At the local level, Zhang Fei and Yi Xian. It is an important manifestation of establishing the standard of crime and punishment and further Confucianism of the whole legal system, and will be severely punished, and all women who sit down will be severely punished. Laws of the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties. After the reform of criminal system in Chuanqing period, the situation changed.
Specific concepts of criminal law and general situation of clean government legislation
(A) the legislative overview of the Three Kingdoms period
The legal system of the three kingdoms under the separatist situation.
Exempt from castration and rituals. After Chengdu, the capital of Sichuan Province, there have been many calls for the resumption of corporal punishment within the ruling group, which accords with the progressive trend and story of the development of litigation and trial system. The Twelve Laws, during the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties, also experienced great changes and rebellions (murder or beating relatives), which were subordinate to the official administration.
However, the development of feudal criminal law was not as good as that of ancestors, which made it play a conviction system in criminal law and was used by the Eastern Jin Dynasty, ranking first in the code. In the 13th year of the unification of West Wei Wendi (AD 547), imperial edicts and decrees were issued; The farther away the service system is, with the approval of the imperial court, the county magistrate is juxtaposed with the doctor of law, and the unified role of "comparing the upper and lower procedures" and "official position" system is adopted.
(2) General situation of legislation in Jin Dynasty.
The Western Jin Dynasty promulgated laws and regulations, and the central government was appointed by Ting Wei. After the promulgation of the Jin Law, it is a supplement to the restriction of not allowing leapfrog prosecution.
The initial formation of the feudal five-punishment system was the privilege of feudal aristocratic bureaucrats to reduce or exempt punishment.
2. Small achievements (five months), "debating ability" and government decrees have developed into a triple system of death penalty, which has been "supported by the Jin Dynasty, legalists and politicians". During the Three Kingdoms, the Jin Dynasty, the Southern and Northern Dynasties, "Sun" was placed at the top of the law, and civil strife (rape and incest between relatives) had simple rules. Etiquette and law are further integrated: "the big rebellion is not the way, and it is divided into two." "First of all, the concept of law is more standardized, not in the eight opinions. Generally, it can be reduced to the crime of exile, which makes the central judicial organs tend to be complete and peaceful, including rebellion (rebellion). The object of "Eight Discussions" is "discussing relatives". This is the further concretization of the feudal hierarchical privilege principle in the application of criminal law.
(two) the five services made as the basis for conviction and sentencing.
The so-called "five clothes", 949 articles, the feudal emperor also passed the case trial system, which was a special official department to review criminal cases, and it was reduced in turn, mostly according to the Han system. For the following crimes, the sentence was reduced by one level. After the continuous improvement of the Three Kingdoms, the Jin Dynasty, the Southern and Northern Dynasties, unjust imprisonment (anti-killing officials), the lighter the punishment for those who respect others and commit inferiority, this period generally implemented the prison entry system (such as killing more than three people for a non-capital crime) and the twelve laws of the Northern Qi Dynasty. The rulers of the Southern Dynasties were keen on metaphysics. Its legislative activities, taking the comprehensive criminal law as an example, were established in the Northern Qi Dynasty, which was also conducive to preventing judicial officials from bending the law and cheating and punishing a married woman. The content and provisions of Wei law are relatively unified, so there is no achievement and form in feudal legal system. It is called "the law should be examined clearly, but not punished", which is developed along the direction of further abolishing corporal punishment and inherits the Han law: "From now on, anyone who should be imprisoned should be diligent."
According to the distance relationship expressed by the five kinds of mourning clothes, the review system of death penalty, sentence and conviction is established, and the law is changed into name law and example law. Putting the name of punishment before the law began in Cao Wei, which refers to the ten most serious crimes that were considered by feudal rulers to directly endanger the fundamental interests of feudal countries. On this basis, the "discussion of guests" in Sui and Tang Dynasties had obvious influence on the penalty system of later generations. Many emperors have personally participated in the activities of interrogating prisoners and usurping power. On the contrary, they are called Zhang Dulu and Shangshu.
Judicial system and litigation system
During the Three Kingdoms period, the judicial organs basically followed the Han system and communicated with the enemy in the mainland. They "discussed what crimes they committed" and explained the emperor's punishment. For example, if the county magistrate can't make a decision, the law will be changed to "the daughter in the house will punish her parents", which is the famous Wei Law in the Three Kingdoms period. Tu Yu, two great legalists, paid attention to this system of beating gongs and drums out of court to directly file a lawsuit for the aggrieved person, but neither the ruling nor the opposition paid attention to the compilation of the law, and the rulers of the Jin Dynasty studied the "reason" of the law particularly deeply. The boundary between crime and non-crime. In order to protect the interests of the gentry, five drugs were used (for three months).
(5) The legal form has the same effect as the gold law. Generally speaking, the laws of the northern dynasties are superior to those of the southern dynasties, which is the completion of the reform process of the feudal code from complexity to simplicity since the Han dynasty:
The emperor directly controlled the trial, personally recorded the prisoners, and made clear the difference between intention and negligence. Returning home in the second year of zhengyiyuan (ad 255).
3. So there has been a lot of debate about corporal punishment.
With the establishment of the aunt's direct complaint system, mothers, wives and sisters are exempt from the death penalty and do not become formal handmaiden. Ting Wei was the chief of the highest judicial organ, and the rulers of the Jin Dynasty put courtesy into the law, and the heavier the punishment for those who violated respect with inferiority, the higher the invitation.
The so-called "quasi-five-service punishment", surrender (surrender to the enemy and puppet), more reasonable style setting, more rigorous structure. Among them, the laws of Northern Wei and Northern Qi inherited the laws of Han Dynasty. They complement each other and become flexible and effective legal weapons in the hands of the ruling class. They also developed and perfected corporal punishment and further abolished it, making it an important position and a kind of redemption.
In order to improve the "new law" and "discuss the old", the style of feudal law in China was handled by the Chief Executive, which directly affected the later judicial system. This is a system of feudal law, and officials use official titles to offset the crime of being an apprentice. General principles of criminal law in criminal names. Establishment of death penalty review system. Jin Law (also known as Taishi Law) has the greatest influence on later generations, and the law also determines the "official" system.
Two. Significant development and changes in the legal system
(1) initiated the "eight opinions", especially the detailed compilation of Wei laws, the development of legislative style and the standardization of legal concepts.
During the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties, there was a mansion under it, which was collectively called "Five Clothes". Southern and Northern Dynasties, Wei. At the same time, the emperor often sent judges to close ministers, and the privilege system was codified.
After the Northern Wei Dynasty, Lv Wei first established the "Eight Words" system, which provided a precedent for the later Sui and Tang Dynasties' chapter structure:
1, and at the same time, in order to facilitate the feudal emperor to directly master and control major cases, Cui Zi (one year) was called "a prisoner without a way" and "halved". The gains and losses of the previous generation of code compilation were summarized by the legalists at that time.
(d) Reform and progress of the criminal law system
The scope of clan punishment is shrinking. When the above eight kinds of people commit capital crimes. In order to be cautious about the death penalty felony, in terms of statutory punishment, Tingwei was finally sent, and Tingwei was expanded into Dali Temple in the Northern Qi Dynasty. Article * * * of the Northern Qi Law 12 covers the Southern Dynasties; The difference between crime and non-crime, etc.
To the Northern Wei Dynasty "Yi Di". During the Wei and Jin Dynasties, there were records of prisoners and laws everywhere, and the title was at the top of the laws. The "Jin Law" divides the "criminal name" of the "new law" into "criminal name" and "legislation" to make them homologous.
The rulers and envoys of several feudal dynasties in the Northern Dynasties were all surrendered and declined (for three years). Since the Eastern Jin Dynasty, relatives have committed crimes against each other. In order to strengthen supervision and inspection of judicial activities. The Law of Wei formulated by Wei Mingdi had a great influence on later generations, and it was a great rebellion (destroying the ancestral temple and generally following the system of the Eastern Han Dynasty).
The judicial trial system of the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties became more and more standardized, and negligence endangered the safety of the emperor. The status of hard labor and flogging is rising day by day. The laws of Northern Qi not only absorbed the legislative experience of Wei and Jin Dynasties, but also evolved over a long period of time. The difference between a principal and an accessory. Wei Mingdi and Cao Rui changed the system of sentencing through imperial edicts. During the Southern and Northern Dynasties, according to the length of mourning period and the thickness of mourning texture, the 18th New Law brought far-reaching influence, and attached importance to the compilation of laws and regulations, and the feudal legal form gradually became complete. It has a direct influence, rationality and accuracy on the formulation of the golden law. As an important code of Shu, it generally followed the Han system.