Characteristics of the origin of ancient Chinese law: introduction of rituals into law, combination of rituals and law; family text, ethics and legal system; law is a tool for governing the world, and crimes are judged by law; no litigation is required, mediation and reconciliation; the style of the code The "all laws are integrated, and the people and punishments are not divided" in the legal system, and the legal system is "all laws coexist, and the people and punishments are not divided."
Basic characteristics:
Legislative subject: monarchy law, the law is transferred by the will of the monarch;
Guiding principles: taking etiquette as the guiding principle and theoretical basis;
The main content of the law: the integration of all laws, with punishment as the mainstay. The code includes both substantive law and procedural law;
While criminal law is the main content, there are also relevant provisions of civil law, administrative law, and economic law;
Judicial and administrative Relationship: Judiciary is subordinate to administration, and administrative officials at different levels are also judicial officials with different jurisdictions.
Extended information
Administrative regulations of the past dynasties
The rulers of ancient China also used law as a means of managing administrative agencies and officials. All dynasties have formulated some administrative regulations regarding the establishment, responsibilities and official system of administrative agencies. Although various laws and regulations were mixed together in ancient China, after the Tang Dynasty, there were also separate administrative codes.
The Pre-Qin and Xia dynasties adapted to the needs of slavery, and with the establishment of power institutions, the initial form of administrative legal system was produced. In the Shang Dynasty, "it was governed by etiquette, and it was governed by punishment." Etiquette and law constituted an important part of the administrative law of the Shang Dynasty. However, during the Xia and Shang dynasties, the management of government agencies was basically based on customary law, with "words representing law" and officials representing law.
The "Zhou Rites" (also known as "Zhou Officials") of the Western Zhou Dynasty contains the chapters of "Six Officials" and "Six Codes". "Liu Guan" includes 6 chapters: "Tian Guan Zhong Zai", "Di Guan Situ", "Spring Guan Zong Bo", "Xia Guan Sima", "Autumn Guan Sima", and "Winter Kao Gong Ji".
The "Six Codes" are the governance code, the ritual code, the religious code, the political code, the criminal code, and the official code. Each of the six officials holds a canon. Among them, the four codes of governance, education, etiquette, and affairs are actually the content of administrative law. From then on, the foundation of ancient Chinese administrative law was laid.
The Qin, Han and Qin dynasties established a centralized unified feudal state and strengthened the management of government agencies and officials. The "Laws for Setting Officials" and "Laws for Execution" in the "Qin Code" are about the establishment, appointment and removal, selection and assessment of official positions; the "Miscellaneous Code for Internal Officials" is about the laws and regulations about the government affairs of Beijing officials.
The administrative regulations are very rich in content and fully demonstrate the characteristics of the unified feudal state administrative system.
Baidu Encyclopedia-Ancient Chinese Legal System