The Xia dynasty in the pre-Qin dynasty adapted to the needs of slavery, and with the establishment of power institutions, the initial form of administrative legal system came into being. In Shang Dynasty, etiquette and law constituted an important part of Shang Dynasty's administrative law. In the Xia and Shang dynasties, the management of government agencies was basically based on customary law, "replacing the law with words" and replacing the law with officials.
Zhou Li (also known as Zhou Guan) in the Western Zhou Dynasty contains six chapters of Six Officials and Six Codes. The Six Officials consists of six chapters: Tianguan Zhongzhai, local official Situ, Chun Guan Zongbo, Xiaguan Sima, Qiu Guan Sikou and Dongkao Gong Ji. The "six codes" are the code of governing the country, the code of etiquette, the code of education, the code of politics, the code of punishment and the code of events. Each of the six officials has a code. Among them, the four codes of governance, teaching, etiquette and affairs are actually the contents of administrative law. From then on, it laid the foundation of China's ancient administrative law.
The Qin Dynasty established a centralized and unified feudal country and strengthened the management of government agencies and officials. The law on the establishment of officials and the law on effectiveness in Qin Law are laws on the establishment, appointment, removal, selection and assessment of official positions. The Law on Miscellaneous Officials is a law on the government affairs of Beijing officials. Calligraphy is a rule for official documents. Fu Law, Tian Law, Jin Law, Yi Law, Gong Law, etc. , which is an administrative regulation related to economy and handicraft industry, is very rich in content and fully shows the characteristics of unifying the administrative management system of feudal countries.
The system of three public officials and nine officials and the official law were established in the Han dynasty, and the establishment of the system of six Cao in Shangshutai laid the foundation of the six systems in the whole feudal society. The post and power of various institutions were clearly defined in the Han Dynasty. For example, the imperial edict to the emperor must be faithfully implemented; Officials who leak secrets should be removed from their posts; Officials who accept bribes or manage government property and steal from themselves, as well as officials who commit crimes again after conviction, will be sentenced to death.
The great development of administrative law in Sui, Tang, Song and Yuan Dynasties was in Sui and Tang Dynasties. Sui and Tang Dynasties changed the Jin Dynasty into a "professional system" when it was officially listed as a "violation of the system" in the national law. It is a punishment for officials at all levels who violate the establishment and dereliction of duty. The Six Codes of the Tang Dynasty, compiled in the Tang Dynasty, is the earliest and relatively complete administrative code in ancient China. According to the six-part system of official, household, ceremony, soldier, criminal and industry, the norms of state administrative organs at all levels, the establishment, responsibilities and powers of officials, and the administrative management system of selecting, assessing, rewarding and punishing officials are clearly defined. The division of laws and regulations is a great development of the six codes of Tang Dynasty, and "the righteous crime of law is the exemplary administration of law" is the crystallization of the development of ancient administrative law in China. After the Tang Dynasty, the official code of "Qing Law Learning Class" appeared in the Song Dynasty, and the official code of "Yuan" appeared in the Yuan Dynasty. The administrative code of Song and Yuan Dynasties still takes six books as an example, imitating the six codes of Tang Dynasty. Different from the previous generation, it pays attention to the revision of official laws and the formulation of national administrative laws, so it has its own characteristics.
The Ming and Qing Dynasties witnessed the high development of China's feudal absolutism in centralization of authority. It combines the achievements of administrative laws of past dynasties, making the formulation of administrative regulations more systematic and standardized. In the Ming and Qing Dynasties, Ming Hui Dian and Qing Hui Dian were formulated in imitation of the six Tang Dian. The name of "Hui Dian" began in the Ming Dynasty, which means laws and regulations. The style of Ming Hui Dian takes six official systems as the key link, and describes the responsibilities and examples of various administrative agencies. What is not recorded in the History of Ming Dynasty about David Zhang's system is explained in the classics. Wanli's Preface to Rebuilding the Imperial System of the Ming Dynasty said: "The laws of the dynasty, the articles of association of the first generation, and the details of the grand program are all vivid." The Hall of Qinghui records the responsibilities, examples and principles of activities of administrative agencies at all levels from the founding of the Qing Dynasty to Guangxu. It uses officials as the code, posts and role models to establish the switch sequence of officials. Officials in the Qing Dynasty were able to enforce the law by following the rules. As the Preface to the Renewal of the Covenant says, "the Covenant contains all the laws pursued by the officials."
Judicial organs In ancient China, there was no distinction between justice and administration, and the administrative organs also exercised judicial power and were controlled by imperial power, which became a basic feature of the feudal judicial system in China.
Before the pre-Qin and Qin Dynasties, there were no specialized judicial organs, only officials and punishments. Dali in summer and shepherds in Shang and Zhou Dynasties. Because there was no military punishment in ancient times, military officers were often judicial officers. During the Warring States period, the vassal states successively set up the highest judges in charge of prison proceedings. Qin is called Tingwei, Qi is called Dali and Chu is called Li Ting.
After the establishment of the unified Qin Dynasty, "Ting Wei" was listed as one of the nine ministers. As the chief of the central judicial organ, he is responsible for hearing cases assigned by the emperor and difficult cases handed over by local authorities. There is no special judicial organ in Qin dynasty, and county magistrate and county magistrate also have judicial power, and they can handle ordinary cases by themselves.
In the Han Dynasty, Ting Wei (also known as Dali) was still the highest judicial officer in the central government, and the local judicial organs were basically the same as Qin. Some changes have taken place in the judicial system of the Han Dynasty. After the establishment of Shangshutai, three Cao Cao (Western Han Dynasty) and two stone Cao Cao (Eastern Han Dynasty) also mastered certain judicial power and divided some functions and powers of Ting Wei.
The judicial systems of the Three Kingdoms, the Jin Dynasty and the Southern and Northern Dynasties were basically developed following the Han system. The central judicial organ is still generally called Ting Wei. The Northern Qi Dynasty is called Dali Temple, and its institutions are expanding day by day. During this period, the local judicial organs were still integrated with the administrative organs, and the judicial power was held by the chief executives at all levels, such as the county magistrate, the state secretariat and the county magistrate.
During the Sui and Tang Dynasties, Dali Temple was responsible for the trial and judgment of crimes committed by court officials, cases above the death penalty, and suspected cases of death penalty transferred by local authorities. The Ministry of Punishment is the central judicial administrative organ, in charge of judicial administration, and is responsible for examining cases tried by Dali Temple and counties. Yushitai is the highest supervisory organ in the central government, responsible for supervising the judicial activities of Dali Temple and the Ministry of Punishment, and also participating in the trial of some cases. In the Tang Dynasty, whenever a major case occurred, the emperor usually ordered Dali Temple Minister to try it with Shangshu of the Ministry of Punishment and Zhongcheng of the Imperial Department, which was called "three-division trial". During the Sui and Tang Dynasties, local justice was still managed by administrative organs.
In the Song Dynasty, the judicial organs kept expanding and their powers were dispersed. In addition to the central judicial organs, Dali Temple and the Ministry of Punishment, the emperor also set up a court in the palace to hear cases reported by Dali Temple. Song Shenzong, the trial court was abolished, and its functions and powers were transferred to the Ministry of Punishment. Local justice is still managed by the state (government, army and prison at the same level as the state) and county administrative organs.
In the judicial system of Liao Dynasty, the Khitan tribe had a hereditary prison officer for a long time, and the military leader was in charge of justice without violet. After the founding of the People's Republic of China, Taizu Shenshu lived for five years (920), and Bi was placed as a northern official to "govern the government affairs of the northern courts, tribes and countries", and was responsible for the administrative and judicial affairs of northern minorities such as Qidan. After Emperor Taizong of Liao Dynasty, following the system of Tang and Song Dynasties, southern officials such as Dali Temple and Yushitai were appointed to take charge of administrative and judicial affairs in Han areas. Therefore, its administrative and judicial systems are divided into two systems.
During the reign of Emperor Sheng Zong of Liao Dynasty, Han people were appointed to be in charge of justice, trying to narrow the differences between the judicial systems of Qidan and Han people and eliminate ethnic barriers.
In the early Jin Dynasty, there was no specialized judicial organization, and military and political officials at all levels were also responsible for the administration of justice. After the reform of Xizong, the judicial system mostly imitated the Han system, but it also had national characteristics. The central government has set up the Ministry of Punishment, Dali Temple, Yushitai and other judicial institutions, whose officials are Jurchen, Han people and Qidan people respectively, and has set up a translation history as a translator, which has solved the problem of language barrier in solving crimes. Local governments still follow the Song system, and administrative organs are in charge of justice. In the 29th year of Dading in Zhang Zong (1 189), criminal prosecution departments were set up in all districts, which were the central judicial organs in charge of judicial affairs.
After the Yuan Dynasty unified the whole country, the Ministry of Punishment and Yushitai were set up in the central government, and Dali Temple was changed to a big official residence. When Taiding Emperor was appointed, the judicial power belonged to the Ministry of Punishment and the local government respectively. Mongolian crimes can only be tried by the Zong Zheng government. In the Yuan Dynasty, there was also a state and county judiciary, while Lu was a magistrate under the General Political Department, in charge of the prison.
The centralization of feudal absolutism in Ming and Qing dynasties was strengthened day by day, and the judicial power was more concentrated and improved. There are Douchayuan, the Ministry of Punishment and Dali Temple in the central government, which are collectively called the "Three Laws Department" and are divided into criminal prisons. Duchayuan is responsible for picketing, the Ministry of Punishment is responsible for interrogation, and Dali Temple is responsible for reexamination, becoming a cautious punishment organ specializing in refutation. The implementation of the "three-division joint hearing" for major cases, clearly known as the "nine-Qing joint hearing", marked the emperor's strict control over judicial power. The Royal Guards and East-West Factories in the Ming Dynasty also held extensive judicial power. In the Qing Dynasty, a judicial institution was set up to hear Manchu lawsuits, and its jurisdiction extended to ethnic minority areas. The Central Military Academy has set up a criminal justice department to handle minority cases.