Homework 1
I. Explanation of Nouns
1. The name of punishment comes from the Shang Dynasty: it means that the names of punishments in the later dynasties all followed the Shang Dynasty, indicating that the punishments in the Shang Dynasty were various and cruel, mainly targeting slaves and civilians.
2. Nine punishments: There are two theories. One refers to the punishment book of the Western Zhou Dynasty, which is divided into nine articles; First, it refers to nine kinds of punishments in the Western Zhou Dynasty, namely Jimo, Mo, Mo, Gong, Da Bi, Redemption, Whip, Liu and Pu.
3. Pledge: Western Zhou sales contract, with the same content and different length, each party holds one copy.
4. Tian Wu: During the Western Zhou Dynasty, the Emperor of Zhou had the highest ownership of the land and the slaves attached to it, and had the right to give the land and slaves to the princes. Governors and governors only possess and use land, have no right to dispose of it, and are not allowed to buy or sell it.
5. Six gifts: refers to the six procedures of marriage in the Western Zhou Dynasty: accepting gifts, asking names, accepting gifts, inviting invitations, and welcoming relatives.
Second, questions and answers
1. Briefly describe the guiding ideology of legislation during the Warring States Period.
A. There is no hierarchy in punishment, that is, "no intimacy, no nobleness, and no separation from the law". In addition to the monarch, anyone who breaks the law and commits crimes must be punished according to law. This began to break the barrier of not being punished by doctors. B. Faber obeyed, that is, "the book compiled by the law is located in the official, but it is also distributed to the people." When a written law is enacted, it must be announced to the people, so that everyone knows the law and has laws to follow. Thus denying the secret law that punishment is unknowable and power is unpredictable. C. severe punishment doctrine, that is, "execution is more important than lightness". When convicted and sentenced, the penalty for misdemeanor should be increased, so that people dare not commit misdemeanor easily, let alone felony. The legislative guiding ideology of these three aspects is the thought of legalists in the Spring and Autumn Period and the Warring States Period. Under the guidance of this legislative thought, the first written law of China appeared in the Spring and Autumn Period. At the same time, countries reformed their laws, affirmed the rights of emerging local classes and abolished the privileges of declining slave nobles, which laid the foundation for the formation and development of feudal legal systems and promoted the development of emerging feudal economy.
2. Briefly describe the content and historical significance of the Classic of Law.
The Code is the first written feudal code in China, including six chapters: thief, prisoner, arrest, miscellaneous and preparation. Theft law is a law against criminal acts that endanger the safety of property; Thief law is a law that stipulates criminal acts that endanger personal safety; Prison law and arrest law are mainly laws that stipulate the arrest, trial and imprisonment of criminals; Miscellaneous law is a law that stipulates other illegal and criminal acts that endanger social order, and six prohibitions; Law is a law that stipulates the addition and subtraction of punishment.
Historical significance: A. The Classic of Law initially established the basic principles and systems of the feudal legal system. The six chapters include substantive law and procedural law, including general rules and specific rules, and initially establish some basic principles of feudal legal system and code system. Since then, the laws of feudal dynasties such as Qin and Han dynasties have been influenced by it. Therefore, legal classics are the blueprint of feudal codes. B. The Classic of Law played a positive role in the formation and consolidation of the feudal economy at that time.
Third, think about the problem
1. Please analyze the evolution of legislative guiding ideology during slavery.
The theocracy in Xia and Shang Dynasties, the legislative guiding ideology of "Heaven matching morality, knowing morality and being cautious about punishment" in Western Zhou Dynasty, and the thought of "punishment without hierarchy and obeying severe punishment" in Spring and Autumn Period.
2. Combined with the rule of law, talk about how to understand the historical significance of the publication of written law in the Spring and Autumn Period.
The rule of law is the general plan of governing the country according to law, and the construction of the rule of law needs clear and open laws. The publication of written law makes the law clear and open, and the law can become a universal social norm. Promulgating laws is the main form of rule of law construction. The publication of the written law in the Spring and Autumn Period broke the secret state of the slavery law, broke the monopoly of the slave owners and nobles, promoted the development of the feudal economy, and laid the foundation for the formation and development of the feudal legal system. At the same time, it was also the basis for the formation of legalists' "rule of law" thought in the Warring States period.
Homework 2
I. Questions and answers
1. Brief Introduction to the Criminal Code of Song Dynasty and its Compilation
(1) Song Punishment System. The full name is Song Detailed Sentence System, which is the first published code in history. The code was written in 963. The compilation style follows the "Big Week Punishment System". It forms a code structure combining laws and regulations.
(2) editing. The imperial edict was originally a kind of imperial edict, and the imperial edict in Song Dynasty became the emperor's decision on specific people or things at any time, and became the basis for finalizing the case. Compilation is a kind of legislative process to organize individual decrees into books and raise them into general legal forms. Its characteristics are: before Renzong, the law was parallel; When the gods are worshipped, the status of shackles has been improved, reaching the status of breaking the law and replacing the law.
On the basis of parallel compilation of imperial edicts, tables and forms, the Southern Song Dynasty compiled imperial edict formats according to the classification of "things", forming "articles, laws and things" and forming a new code compilation style. In the Southern Song Dynasty, separate regulations or a compilation of typical trial cases issued by the emperor and the central judicial organs appeared to supplement the regulations. The extensive use of examples is an important reason for the confusion of legal system in Song Dynasty and its influence on Ming and Qing Dynasties.
2. The main content of Tang Law
The narrow sense of Tang law refers to the bamboo slips of Tang law, and its main content is mainly reflected in the bamboo slips of Tang law. There are 500 articles in 12, the titles of which are: famous examples, forbidden health, official system, household marriage, stable warehouse, arrogance, thief, lawsuit, fraud and miscellaneous laws. The arrangement of articles has inherent laws, which reflects legislators' understanding of the content and its relationship.
In A Brief Introduction to the Laws of the Tang Dynasty, famous examples and laws are the first in the whole law, which is equivalent to the general principles in modern criminal law. From beginning to end, they are the core of guiding the outline of other articles and implementing the whole law, and occupy the primary position in the ten articles. It embodies the legislative purpose, five punishments, ten evils, eight suggestions and other important legal systems and criminal law principles applicable to all branches of the Tang law, and embodies the basic spirit, principles and characteristics of the Tang law. The next nine chapters are specific provisions, which stipulate various specific charges and their corresponding penalties. The latter two provisions on the pursuit of fugitives, trial and execution mostly belong to the procedural law of modern law.
The main contents of these twelve articles are as follows:
Article 57 of the First Law on Famous Cases: "Five penalties for celebrities; For example, "Five Punishment Styles" stipulated the criminal law and penalty principles in the Tang Dynasty, which was equivalent to the general part of modern criminal law and embodied the legislative spirit and basic principles of the Tang law. Specifically, it includes: five punishments, ten evils, eight suggestions, requesting chapter, reducing chapter, redeeming chapter, being an official, distinguishing between public and private crimes, elements of crime surrender, and reduction and exemption of crimes of young and old.
Article 2, Article 33 of the Security Law, is about the Security Palace and the Guanjin Fortress.
Article 59 of the three-post law is about punishing officials for breaking the law and dereliction of duty. the Tang Dynasty
Article 46 of the Marriage Law of the Fourth Household is "Household Registration and Marriage". Land distribution, tax collection and corvee apportionment in the Tang Dynasty were all based on household registration.
Article 28 of the Fifth Barn Law is about the management of raising public and private livestock and the management of government warehouses.
Article 6: There are twenty-four laws for prosperous times, that is, to be good at sending troops and prosper for prosperous times. The Law on Illegal Construction is a provision for punishing illegal construction projects and dispatching Ding Fu.
Article 54 of "Thief Law VII" is a legal provision on punishing crimes endangering feudal regime and personal and property.
Article 8 and Article 60 of the Litigation Law are about fighting and wounding, prosecution and appeal.
Article 27, Article 9, Fraud means forgery, and fraud means fraud. This is a law on punishing forgery and fraud.
Article 10 Miscellaneous Laws Article 62 Miscellaneous laws have a wide range of contents. It mainly includes market management, creditor's rights and debts, rape, arson and other behavioral norms that slightly endanger social order and economic relations.
Article 11 18 of the Law on Death Arrest is about the capture of fugitives and other fugitives.
Article 34 of the twelfth Prison Break Law is about judicial trial and prison management. Including the determination of trial principles, the duties of judges, the interrogation of prisoners, the execution of penalties and the management of prisons.
3. The development and evolution of feudal judicial organs in China.
Hint: This topic requires the legal history of China from Qin Dynasty to Qing Dynasty, and explains the development and evolution of judicial organs.
Qin Dynasty: The central judicial organ was Ting Wei, and the chief executive was Ting Wei, who was one of the nine ministers. It is the highest judicial organ, and its main tasks are: a to be responsible for cases tried by imperial edict, b to try difficult cases sent by local authorities and review major cases. This part is on page 1 10 of the textbook.
Han Dynasty: A. Tingwei was in the center, and Dali Temple was renamed in the Eastern Han Dynasty; Duties: Summon to the prison and report difficult cases. Subordinate officials: the court, the left and right supervisors, and the left and right are equal; The prime minister has the right to punish, and ministers also have judicial power after Emperor Wu of the Han Dynasty. Yushitai is a supervisory organ, whose duty is to supervise hundreds of officials and participate in the trial of major cases. B place: at the county level, there are also full-time judicial officials, such as thief Cao and resignation Cao, who are under the county order. Rural rank, miser, salary patrol, etc. , mediation and handling of minor criminal cases. Please refer to pages 157 to 158 of the textbook for this part.
Wei, Jin, Southern and Northern Dynasties: The central government was still Tingwei or Dali Temple, and only the Northern Zhou Dynasty was called Dashikou, Qiu Guan. After the Eastern Han Dynasty, the system of three central provinces was gradually formed, and Shangshutai became a senior administrative organ. Shangshutai's subordinates all have institutions responsible for judicial administration, as well as institutions responsible for criminal prisons, such as Sangongcao and Ershicao. The locality is divided into three levels: state, county and county. County magistrate, county satrap and state secretariat control local judicial trials. See the textbook 180 for this part.
Sui and Tang Dynasties: Dali Temple is the highest judicial organ, the Ministry of Punishment is the central judicial administrative organ, and Yushitai is the highest supervisory organ. Pay attention to the respective responsibilities of these three organs. Locally, it is divided into two levels: the state has an army and the judiciary has an army. See page 227 of the textbook.
Song and Yuan Dynasties: In the early Yuan Dynasty, it was dominated by the central judicial organs, and later it belonged to the Ministry of Punishment and local governments. In addition, the Home Affairs Department, the Privy Council, the Olympic Committee, Zheng Xuan College and other departments also have certain jurisdiction. Locally, there are great scholars and huachi in Taoism, government and county, who hold local justice. There are also supervisory organs, which designate central review courts, local review courts and provincial judges (anti-corruption interview department). Pay attention to the characteristics of the judicial organs in the Yuan Dynasty, and there are 249 pages in the textbook.
Ming and Qing Dynasties: Central judicial organs: Dali Temple, Ministry of Punishment and Duchayuan. Pay attention to the changes in the responsibilities of Dali Temple and the Ministry of Punishment. At the local level, there are four levels: county, state, prefecture and province, and the provisions on the trial level and joint trial system should also be briefly explained. These are on page 276 of the textbook.
Late Qing Dynasty: the Ministry of Justice and Punishment was changed to the Ministry of Law, which was responsible for judicial administration; Dali Temple was changed to Dali Courtyard, which is the highest judicial organ; Set up the office of the Attorney General. Four levels and three trials. The late Qing dynasty was a period of modernization of judicial organs, and great changes have taken place in the judicial organs of feudal times, which should also be explained. See page 323 of the textbook.
Second, the essay
1. On the provisions of feudal laws in China on aristocratic privileges.
Tip: This question does not need to explain the development and evolution of aristocratic privilege provisions, but it also needs to summarize the aristocratic privilege provisions of various dynasties. Here, I will focus on the terms of invitation in the Han Dynasty, eight opinions formed and developed during the Wei, Jin, Southern and Northern Dynasties (actually, they existed as early as the Zhou Dynasty, but they were institutionalized only during this period), official duties, miscellaneous payments, reduction of exceptions, redemption and so on. On the system of foreclosure pawn in Sui and Tang Dynasties.
First, explain the meaning of the above system. Secondly, it is necessary to explain their formation and development, especially some systems that follow each other, such as the miscellaneous payment in the Jin Dynasty, which is actually the initial formation of official positions stipulated by the Northern Wei Dynasty and Chen Lvli. The provisions of the redemption penalty can be traced back to the Xia and Shang Dynasties (the Lu Punishment of the Shang Dynasty institutionalized the redemption penalty). Finally, we should explain their significance (of course, mainly to protect the privileges of aristocratic bureaucrats).
These aspects can be found in 132, 157 (the principle that officials should go first when they are guilty in Chinese law), 168 (eight opinions), 170 (miscellaneous), 175 (official) and 65435. In addition, it can also explain the official appointment system in the Qin Dynasty (page 92) and the continuation of the Han Dynasty (page 129). This is also the privilege of aristocratic officials.
You can also refer to the related discussion on the website.
Homework 3
Classroom lectures
1. Try to compare the outlines of the King James Constitution and the Nineteen Creeds.
Hint: a. Compared with the background and purpose, the former was formulated and promulgated in 1908, when the revolution was just beginning and the civil rights thought was not prosperous, so its purpose was "the monarch has exclusive power, but the people have no right"; The latter was after the Revolution of 1911. At that time, the national revolutionary situation was tense, all localities demanded constitutional changes, and the idea of civil rights was also very prosperous. Therefore, its purpose was to lower the monarchy and expand civil rights. B. Compared with the content and style, the former is basically from the Constitution of Imperial Japan of 1898, including the text and appendix. The text is sovereignty, and the appendix is the rights and obligations of subjects. The latter has changed in content and style. First, it adopted the English-style virtual monarch, second, it restricted the imperial power in form, and third, it was formulated by the senior advisory Committee through legal procedures, which belonged to the interim constitution. C. Compared in meaning and nature, the two basically maintained the basic spirit of "the Qing Empire is not easy for all generations" and "the emperor is inviolable". As the first constitutional document in modern times, the former objectively impacted people's thoughts at that time and broke the legal system of China's traditional legal system, with a relatively complete structure. The latter is to ease the revolution and belongs to the interim constitution.
2. What are the laws enacted by the Law Revision Museum in the late Qing Dynasty, and what are their main contents?
Hint: A. The current criminal law in Qing Dynasty, as a transitional criminal code, P309. Main contents: change the name of the law, cancel the six titles, and return to the style of the law in Tang and Song Dynasties. Reform the penal system, abolish outdated laws and regulations, and add new crimes. B. "Great Fresh Criminal Law", the main content: it is divided into general provisions and specific provisions, imitating the bourgeois criminal law style; Principle of legally prescribed punishment for a crime; Delete "eight opinions" and "ten evils"; P311.C. Draft Commercial Law of the Qing Dynasty P305. Trade banks and draft bankruptcy law. D. general principles, creditor's rights and real rights in civil law. The specific content textbook P3 19. E. draft criminal procedure law and draft civil procedure law. See P322 for details.
3. Semi-colonial and semi-feudal judicial power in the late Qing Dynasty.
Tip: A. Consular jurisdiction: The nationals of countries that enjoy consular jurisdiction in China in China are not under the jurisdiction of China's laws and judicial organs. When they become defendants in civil and criminal proceedings, Chinese courts have no right to try them, and only consuls of various countries can try them according to their own laws. And B. Mixed court: a court where judges from China and foreign countries sit together in the concession. Nominally, it is the judicial organ of China, but actually it is completely controlled by foreign consuls. It is a semi-colonial judicial system in which imperialism further interferes with China's judicial power. 1843 The establishment of consular jurisdiction of imperialist countries in China in July was an important symbol of the semi-colonization of the judicial system in the late Qing Dynasty. Consular jurisdiction means that when foreign nationals in China become civil and criminal defendants, if the country where they live has an unequal treaty with China, the courts in China have no jurisdiction, and only their own consuls can make judgments according to their own laws. Consular jurisdiction lasted for one hundred years in China, and it was not officially abolished until 1943. 1864, the Qing government and the British, American and French consuls in Shanghai agreed to set up a court in the concession. Since then, the public trial Committee was established in Shanghai and later expanded to Xiamen and other places. The mixed court manages various cases in foreign concessions. All foreign consuls have the right to participate in the joint trial of foreign-related litigation involving foreigners in relevant countries, mutual litigation between foreigners and China people in countries where there is no agreement, and litigation involving China people hired and hired by foreigners. The mixed court is nominally the judicial organ of China, but in fact it is completely controlled by foreign consuls. These two systems violated the judicial power in the late Qing dynasty, which was also confirmed by the Qing court from domestic legislation. At the same time, judicial power also retains the feudal tradition, showing the semi-colonial and semi-feudal nature of judicial power. The establishment of consular jurisdiction is an important symbol of the semi-colonial judicial system in the late Qing Dynasty. It and mixed courts are the main manifestations of semi-colonial and semi-feudal judicial system in this period.
4. What are the main contents of the provisional constitution of the Republic of China?
Prompt: The Provisional Constitution is a document with bourgeois democracy and China's constitutional nature in the history of China, which consists of 7 chapters and 56 articles. Including: the general program, the people, the Senate, the interim president and vice president, the state councilor, the court and the supplementary provisions. It was formulated on the basis of Sun Yat-sen's theory of civil rights, absorbed the constitutional principles of western bourgeois countries such as "separation of the three countries", "inviolability of private property" and "equality and freedom", and embodied the spirit of bourgeois democratic revolution in China. The main contents include:
1. Confirm that the Republic of China is a democratic republic.
2. Imitate Europe and America to establish a "separation of powers" political system.
3. The rights and obligations of the people and the freedom to keep property and business are specified in detail.
5. Judiciary of Kuomintang government: See P387.
6. Six laws
See teaching material P375.
7. What is the basic content of chinese soviet republic's constitutional outline?
See teaching material P397.
8. Try to describe the main contents and historical significance of the Outline of China Land Law.
See textbook P427.
Homework 4
I. Explanation of Nouns
1. Gouge out punishment: a corporal punishment in Shang Dynasty. See the textbook P28 for details. 2. Misuse of words: the crime of Qin, P 10 1. 3. Left: A Method of Death Penalty in Shang Dynasty, p. 28. 4. Official position: the privileges of aristocratic bureaucrats stipulated by the laws of the Northern Wei Dynasty and Chen Nan. See P 175.
Second, short answer questions
1. Briefly describe the main significance of the Classic of Law in the history of legal development in China: P74.
2. Briefly describe the legal form of the Tang Dynasty: P 195.
3. Briefly describe the main ways of executing the death penalty in Taiping Heavenly Kingdom: P34 1.
4. How did Yuan Law prohibit the vassal from forming a clique and the handover of internal and external officials? It should be the content of the Ming law, and what is wrong with the meta-law. P260 .
5. Kuomintang Special Criminal Court: P388.
Third, the essay questions
1. Eight opinions
Tip: The essay topic should first explain the concept, origin and development (from Wei to the Three Kingdoms), specific content, and its significance and nature.
2. Ten evils: The same topic should also explain the concept, origin and development, specific content, significance and nature of the ten evils (the top ten crimes in the laws of the Northern Qi Dynasty, which became ten evils after the development of the Sui and Tang Dynasties).
3. Try to describe the outline of China land law: it should explain its formulation, main contents and significance. P427 .